Heard Sri A.M. Tripathi, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.
Petition has been filed against impugned orders dated 27.06.2019 and 28.09.2019 being the orders of transfer of petitioner from District Ambedkar Nagar to District Bahraich and the reliving order.
Learned counsel for petitioner submits that by means of order dated 25.01.2018, petitioner was promoted on the post of Senior Assistant. Subsequent to the promotion, petitioner made a representation on 11.07.2018 to the effect that his children are studying in District Ambedkar Nagar where posts of Senior Assistant are vacant and therefore petitioner may be adjusted in District Ambedkar Nagar on the said vacant posts. Learned counsel has drawn attention to the recommendation dated 11.07.2018 made by Chief Medical Superintendent with regard to adjustment of petitioner on the said post in District Ambedkar Nagar. Subsequently, vide order dated 16.10.2019, Additional Director sought information with regard to vacant posts of Senior Assistants in District Ambedkar Nagar. The same was replied to by Chief Medical Superintendent vide letter dated 17.10.2019 indicating that at present 10 posts of senior Assistant are vacant in District Ambedkar Nagar.
Learned counsel for petitioner submits that despite the aforesaid recommendations and the fact that 10 posts of Senior Assistants are still vacant in District Ambedkar Nagar where petitioner can easily be adjusted, the said adjustment order is not being passed.
Learned State Counsel appearing on behalf of opposite parties however has submitted that the promotion order dated 25.01.2018 itself clearly indicates that new posting order on the promoted post shall be issued separately which has been done by means of order dated 27.06.2019. It has been submitted that with regard to grievance of petitioner, it is only the appointing authority which can pass appropriate direction.
Considering the submission advanced by learned counsel for parties, the opposite party no.2, i.e. Director General, Medical & Health Services, Medical & Health Directorate, Swasthya Bhawan, U.P. Lucknow is directed to consider posting of petitioner on the post of Senior Assistant in District Ambedkar Nagar in the light of recommendations made by authority concerned. The said orders shall be passed within a period of 15 days from the date a copy of this order is produced before the said authority along with representation of petitioner.
In view of aforesaid, petition stands disposed of. In the meantime, till the decision is taken, petitioner shall not be compelled to join at the transferred place. Benefit of this order shall be available to petitioner only in case the representation along with copy of this order is preferred within a period of 7 days from today.
Order Date :- 29.11.2019 Subodh/-