Court No. - 38
Case :- WRIT - A No. - 10878 of 2019 Petitioner :- Dheeraj Kumar Singh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Aravind Kumar Tripathi,Mahendra Pratap
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 30th July, 2019:-
"The order of transfer dated 09.07.2019 is assailed in this petition. Petitioners are all Staff Nurse in the Kannauj Medical College and have been transferred to different places. This order is challenged on the ground of malafide by contending that the respondents had earlier passed an order appointing respondent no.3 as Matron notwithstanding the fact that various seniors were available. Cognizance of this action was challenged by filing Writ Petition No. 20371 of 2018, wherein following orders were passed on 24.09.2018:-
"Submission is that the post of Matron is to be filled by way of promotion on the basis of seniority subject to rejection of unfit by virtue of rule 16 of the U.P. Subordinate Nursing (Non-Gazetted) Service Rules, 1979. Reliance is placed upon a final seniority list published on 3.1.2018. It is stated that petitioners are working from prior in point of time and are senior to respondent no.4. Contention is that on account of an observation made by this Court in Writ Petition No.33305 of 2017, the respondents are although taking work of Matron/Nursing Superintendent from respondent no.4, but such benefits are being denied to persons who are much senior to respondent no.4. Argument is that action of respondents in that regard is wholly arbitrary.
Learned Standing Counsel may obtain instructions, by the next date fixed. Put up in the additional cause list on 4.10.2018."
It is submitted that only with an intend to facilitate continuance of respondent no. 3 as Matron in the hospital concerned, all persons senior to respondent no. 3 have been transferred, so as to allow a junior employee to officiate as Matron. It is also submitted that respondent no. 3 has been continuing for the last 10 years in the same hospital and there would be no justification to retain her while transferring others. It is submitted that this action is being taken only on the instructions of local MLA.
In the facts and circumstances, it would be appropriate to call upon the Director General, Medical Education and Training to file his personal affidavit clarifying the position. Required affidavit would be filed by the next date fixed.
Post as fresh once again on 09th August 2019.
Till then, petitioners shall not be relieved unless they have already been relieved."
Sri Mahendra Pratap, learned counsel for the Director General states that the matter has been examined at the level of the Director General and the order impugned itself has been withdrawn.
Learned counsel for the petitioners states that in such view of the matter no grievance survives.
In view of the above, the writ petition is accordingly consigned to records.
Order Date :- 26.8.2019 Ranjeet Sahu