Heard Sri Ramesh Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel appearing on behalf of opposite parties.
Under challenge is order dated 28.06.2019 whereby petitioner has been transferred from Saharanpurto Hardoi on the post of Pharmacist.
Learned counsel for petitioner submits that petitioner's name figure at serial no.358 of the said list. It has also been submitted that transfer order was challenged in a number of petitioners such as petition no.22799 (SS) of 2019 (Daya Shankar Shukal vs. State of U.P. & Ors.) alongwith other connected matters in which this Court by means of order dated 23.09.2019 has passed the following order:
"1. Heard learned counsels for petitioners and learned Standing Counsel for the State.
2. By the present bunch of writ petitions, petitioners have challenged the transfer orders of chief pharmacists and pharmacists made by the Director (Paramedical), Medical and Health Services, U.P., Lucknow on different dates. The reason for transfer in the orders is that a policy decision is taken by the State and persons who are working at a place for a very long years are to be transferred. Petitioners have challenged the orders primarily on the ground that large number of persons working even for around 20 years are not transferred and arbitrarily petitioners are being transferred.
3. Learned Standing Counsel, on instructions, submits at bar that State Government has already conducted a preliminary inquiry through a committee constituted by it. In the preliminary inquiry, the committee found certain discrepancies, therefore, a detailed inquiry is now being conducted which is likely to be completed within a period of three weeks. Thereafter respondents authorities will pass fresh orders.
4. Looking into the aforesaid facts and circumstances, all the transfer orders, under challenge in the present bunch of writ petitions, to the extent of petitioners only, are set aside with liberty to respondents authorities to pass fresh order after conclusion of their inquiry.
5. With the aforesaid, all the writ petitions are disposed of. "
Learned counsel for petitioner submits that since aforesaid list has already been set aside, petitioner is also entitled to the benefit of the same. It has also been submitted that petitioner's case is covered by judgment of Hon'ble the Supreme Court rendered in Director of School Education, Madras & Others vs. O. Karuppa Thevan & Another reported in 1994 Supp(2) Supreme Court Cases 666 in which it has been held that transfer should not be effected during mid academic term.
In view of fact that it has been stated that petitioner has already joined at the place of transfer in view of impugned order, it would be appropriate for the concerned authority to pass fresh order regarding the same particularly in view of fact that Government itself has taken cognizance of various irregularities in passing of the transfer orders and inquiry is already in progress.
In view of aforesaid, petitioner is granted liberty to file fresh representation before the opposite party no.4, i.e. Director Paramedical Medical Anubhag 4 D(2), Uttar Pradesh who shall decide the same within a period of 15 days from the date a copy of this order is produced along with such representation. The said authority shall also keep in mind the order dated 23.09.2019 rendered in Daya Shankar Shukla (supra) and the judgment of Director of School Education Madras & Other (supra) while deicing the representation.
In view of aforesaid, the writ petition stands disposed of.
Order Date :- 29.11.2019 Subodh/-