Court No. - 38
Case :- WRIT - A No. - 14046 of 2019 Petitioner :- Bajrangi Singh Respondent :- Principal And Superintendent Government Ayurvedit Post Graduate College And 2 Others Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was appointed as a Class-IV employee on the post of Museum Keeper. He has been continuing as such for fairly long and by the order impugned has been transferred from Gynaecology Department to the Hospital. The order is assailed on the ground that petitioner being a Museum Keeper cannot be transferred to a place where there is no Museum.
While entertaining the writ petition, following orders were passed on 17.9.2019:-
"Petitioner has been transferred from Gynaecology Department to the hospital in the Government Ayurvedic Medical College and Hospital, Varanasi vide order impugned dated 22.8.2019.
The order is assailed on the ground that petitioner is a Museum Keeper and no such museum exists at the transferred place, and therefore, petitioner would be without work. It is stated that petitioner has acquired more than ten years experience as Museum Keeper and that such a museum did exist in the earlier department where he was posted. It is stated that large number of vacancies still exists, and therefore, petitioner's transfer is arbitrary.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed.
Put up as fresh on 27.9.2019."
Learned Standing Counsel has obtained instructions from the Principal and Superintendent, Government Ayurvedik College, Varanasi, as per which in accordance with the directions issued by the Indian Council of Medical Research dated 7.11.2016 there are only three sanctioned posts of Museum Keeper, whereas six Museum Keepers are working against them. There is otherwise a shortage of Class-IV employees, inasmuch as against 112 sanctioned posts, about 62 of them are lying vacant, and therefore petitioner has been adjusted elsewhere. It is also stated that petitioner is otherwise qualified to work as a Class- IV employee and neither his salary nor other emoluments have been changed. Instruction in that regard, dated 26.9.2019, is taken on record.
It is not in dispute that petitioner is a Class-IV employee. It is not shown that any specialised work of distinct nature is to be purformed by the petitioner. He has otherwise been directed to perform the work which is expected of a Class-IV employee. Petitioner has been adjusted from one department to another. In the opinion of the Court, as for valid reasons the petitioner has been adjusted on an equivalent post, no interference is warranted.
Writ petition, accordingly, is dismissed.
Order Date :- 27.9.2019 Anil