Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPSB No.33 of 2023 With WPSB No.45 of 2023 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J.
Ms. Jasmeet Kaur, learned Counsel i/b Mr. S.S. Yadav, learned Counsel for the petitioners.
2. Mr. N.S. Pundir, learned Dy.A.G., Mr. S.S. Chaudhary and Mr. Sushil Vashisth, learned Standing Counsel for the State-respondents.
3. Petitioners are working as Medical Officers (Homeopathy) in the Department of Ayurveda, Yoga & Naturapathy, Unani, Siddha and Homeopathy (AYUSH). Vide order dated 02/03.01.2023, they were transferred from one place to another within the same district. Feeling aggrieved by their transfer, petitioners have filed present writ petition.
4. An interim order was passed in the matter on 24/30.01.2023/, pursuant to which, petitioners are still serving at the original place of their posting.
5. Perusal of impugned
order reveals that petitioners were posted in AYUSH Health and Wellness Center which was established under a Scheme introduced by Central Government; since there was shortage of Community Health Officers, therefore, petitioners were posted at places where there was no one to man the Health and Wellness Center.
6. Learned State Counsel submits that petitioners hold a transferable post and they were transferred as per conditions of their service within the same district, therefore, there is no illegality or infirmity in
the impugned transfer order. He further submits that petitioners enjoyed the protection of interim
order passed by this Court for more than three years, and earlier also, petitioners were serving at the same place, therefore, they are not entitled to any relief in the matter.
7. This Court finds substance in the said contention. Petitioners were transferred in public interest in order to make Health and Wellness Center operational which were established under a Scheme introduced by the Central Government.
8. The writ petitions therefore fail and the same are dismissed. The competent authority shall be at liberty to pass fresh orders in respect of petitioners.
9. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
11.06.2026 Rdang