Heard Sri Shobhit Mohan Shukla learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.
The petitioner has challenged order dated 28th June, 2019 cancelling transfer order pertaining to petitioner dated 28th June, 2019 whereby petitioner had been transferred on the post of Staff Nurse from Medical College, Gorakhpur to Medical college, Azamgarh.
The learned counsel for petitioner submits that a number of petitions had been filed challenging the order dated 28th June, 2019 in which writ petition No. 18904 (S/S) of 2019; Manju Lata versus State of U.P. and others was disposed of by means of judgment and order dated 13th August, 2019. The operative portion of aforesaid order is as follows:-
"Heard learned counsel for the parties.
In all the aforesaid matters since the issue is same, therefore, these writ petitions are being decided by a common judgment and order.
Precisely, the case of learned counsel for the petitioners is that all the petitioners are posted on the post of Staff Nurse at Baba Raghav Das State Medical College, Gorakhpur and have been transferred on their own request to various places i.e. the petitioner-Manju Lata from Baba Raghav Das State Medical College, Gorakhpur to Baba Saheb Dr. Bhimrao Ambedkar State Medical College and Associate Hospital, Kannauj, petitioner-Anupama Devi from Baba Raghav Das State Medical College, Gorakhpur to Baba Saheb Dr. Bhimrao Ambedkar State Medical College and Associate Hospital, Kannauj, petitioner-Sangeeta Sharma from Baba Raghav Das State Medical College, Gorakhpur to State Medical College, Azamgarh and the petitioner-Sanju Singh from Baba Raghav Das State Medical College, Gorakhpur to Baba Saheb Dr. Bhimrao Ambedkar State Medical College and Associate Hospital, Kannauj.
Since the transfer of the petitioners was made on their personal request as their compassion was considered by the Competent Authority sympathetically, therefore, the petitioners have got right to be posted at their transferred place on account of their compassion as considered by the Competent Authority but on the same date i.e. 28.06.2019 their transfer orders have been cancelled on the ground that the petitioners are specially trained Staff Nurses and are able to handle the critical situation of encephalitis which affects the Gorakhpur seriously therefore their transfer orders have been cancelled to utilize their expertise.
On the first date of admission, the learned counsel for the petitioners submitted in a bonafide manner that however the compassion of the petitioners compells them to be posted at their transferred place but since they are aware that their expertise may be required at Gorakhpur so they were agreed to discharge their functions and duties of Staff Nurses at Gorakhpur for the period till the season of encephalitis i.e.Victor Born disease comes to an end. The period of that disease is from July to September but they can serve at Gorakhpur even upto October, 2019.
Therefore, Sri Shobhit Mohan Shukla, learned counsel for the petitioners has requested that the direction may be issued to the Competent opposite parties to pass appropriate order that the petitioners shall serve at Gorakhpur upto October, 2019 as they may be treated to be attached at Baba Raghav Das State Medical College, Gorakhpur but thereafter they may be permitted to join at their transferred places so as to meet out their compassion.
This Court directed the learned counsel for the State-respondents to take specific instructions on that point and may suggest the Competent Authority to pass the order to that effect which would suffice the ends of justice of the department viz-a-viz all the petitioners inasmuch as the submission of learned counsel for the petitioners is absolutely bonafide and also shows that the petitioners are ready to discharge their duties at Gorakhpur in a peculiar facts and circumstances.
On being asked as to whether any order has been passed by the authority of the State Government in compliance of order of this Court dated 11.07.2019 and other orders being passed by this Court in identical matters, the learned State Counsel has submitted that despite the letter being preferred from the office of the Chief Standing Counsel, no order has yet been passed.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has produced the copy of letter dated 17.07.2019 preferred to the Principal Secretary, Department of Medical Education & Training, Government of U.P., Lucknow and Director General, Medical Education & Training,U.P., Lucknow, Principal, Baba Raghav Das State Medical College, Gorakhpur and the Principal, State Medical College, Azamgarh indicating the directions of this Court seeking instructions, but no instructions have yet been received. However, Sri Ran Vijay Singh has submitted that the Director General of Medical Education & Training has preferred a letter dated 15.07.2019 to the office of the Chief Standing Counsel submitting that the orders would be passed with expedition. In the aforesaid letter, the Director General of Medical Education & Training has himself indicated that the petitioners being trained Staff Nurses experts to meet out the particular diseases of encephalitis i.e.Victor Born disease, therefore, till the period of encephalitis comes to an end the petitioners may be retained at Gorakhpur. The copy of letter dated 15.07.2019 is taken on record.
What the Director General, Medical Education & Training has indicated in the letter dated 15.07.2019 is the stand of all the petitioners themselves inasmuch as all the petitioners have volunteered their respective services at Baba Raghav Das State Medical College, Gorakhpur till the season of the disease encephalitis i.e.Victor Born disease comes to an end.
Having heard learned counsel for the parties and having perused the material available on record as well as the letter dated 15.07.2019 preferred by the Director General, Medical Education & Training, I am of the view that a fresh order should have been passed by the Competent Authority i.e. the Principal Secretary, Department of Medical Education & Training, Government of U.P., Lucknow and the Director General, Medical Education & Training,U.P., Lucknow regarding retention of the petitioners at Gorakhpur till October, 2019 and thereafter the petitioners should be relieved from Baba Raghav Das State Medical College, Gorakhpur to their respective places of transfer where the transfer orders of the petitioners have been passed considering their compassion.
Accordingly, all the aforesaid writ petitions are disposed of finally directing the Principal Secretary, Department of Medical Education & Training, Government of U.P., Lucknow and the Director General, Medical Education & Training,U.P., Lucknow to pass appropriate orders regarding retention of the petitioners at Gorakhpur till October, 2019 and thereafter the petitioners should be relieved from Baba Raghav Das State Medical College, Gorakhpur to their respective places of transfer where they have been transferred considering their compassion, within period of seven days from the date of receipt of a certified copy of this order and the decision thereafter be communicated to the petitioners forthwith.
It is made clear that the petitioners shall be relieved for their transferred places which was made pursuant to the office order No.ME-1/2019 dated 28.06.2019 (Annexure No.2 to the writ petition) so far as it relates to the petitioners, on Ist November, 2019 and the Competent Authority shall permit the petitioners to serve at their transferred places as indicated in the order dated 28.06.2019 (Annexure No.2 to the writ petition).
In view of the aforesaid, all these writ petitions are disposed of finally."
The learned counsel for petitioner submits that petitioner herein is similarly placed as the writ petitioner of aforesaid writ petition. It has been submitted that subsequently other writ petitions i.e. writ petition No. 23080 (S/S) of 2019 and writ petition No. 22999 (S/S) of 2019 pertaining to same order have also been disposed of in the light of order rendered in the case of Manju Lata (supra). Accordingly learned counsel for petitioner submits that petitioner is also entitled to the same benefits.
The learned State Counsel however submits that last cut off date of Ist November, 2019 as indicated in Manju Lata's case (supra) has also expired and petitioner has in fact approached this Court after considerable delay.
Considering the aforesaid facts, petitioner is granted liberty to file a representation before the opposite parties 1 and 2 i.e. Principal Secretary, Department of Medical Education and Training, Government of U.P. Lucknow and Director General of Medical Education and Training, 6th Floor Jawahar Bhawan, Lucknow respectively. In case such a representation is made, the same is to be decided within a period of two weeks thereafter taking into account directions issued by this Court in the case of Manju Lata (supra), in case same is applicable.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 29.11.2019 prabhat