Court No. - 74
Case :- WRIT - A No. - 6182 of 2021 Petitioner :- Dinesh Kumar Dubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
By an order of 05.04.2021, the Government of U.P. have ordered repatriation of the petitioner from the Swaroop Rani Nehru Hospital, Prayagraj, where he was attached since 12.09.1995 to his parent department, i.e. Medical Health and Family Welfare. This order of repatriation has particularly come after approval of the Government in view of the fact that the petitioner has been working on deputation at the Swaroop Rani Nehru Hospital, Prayagraj for the past 25 years and there is a vigilance enquiry pending against him there. In furtherance of the aforesaid order, the Director (Administration), Medical and Health Services, U.P., Lucknow has passed the other impugned order dated 26.04.2021, directing transfer of the petitioner from the Swaroop Rani Nehru Hospital, Prayagraj to the office of the Chief Medical Officer, Chitrakoot on the post of Senior Assistant. It is these two orders that are assailed by the petitioner.
The submission of the learned Counsel for the petitioner is that the persons similarly circumstanced are working on deputation for the past 25 years and and more, and, therefore, the petitioner's repatriation and transfer are mala fide.
The learned Standing Counsel on the other hand submits that the repatriation and transfer have been made for good reasons, that are set out in the relevant orders, that are impugned.
This Court has considered the rival submissions and perused the record. Admittedly, the petitioner was working on deputation at the Swaroop Rani Nehru Hospital, Prayagraj for the last 25 years. Assuming that no enquiry is pending, a deputationist has no right to continue on deputation for a long period of time, even on ground that somebody else is continuing for a longer period. This is no plea of discrimination. The petitioner is an employee of the Medical Health Department and has been repatriated under an order of the competent Authority, no less than the State Government. The order of transfer is only a sequel to the repatriation. The petitioner cannot assail the consequential transfer, that has come as a result of repatriation to his parent department.
In the circumstances, this Court does not find any infirmity in the orders impugned.
This writ petition fails and is, accordingly, dismissed.
Order Date :- 26.5.2021 Anoop Digitally signed by Jahangir Jamshed Munir Date: 2021.06.07 11:41:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad