Neutral Citation No. - 2025:AHC-LKO:22854 Court No. - 18 Case :- WRIT - A No. - 4319 of 2025 Petitioner :- Surabhi Alias Surabhi Jaiswal Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare And 3 Others Counsel for Petitioner :- Anita Tiwari Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1, 3, and 4, as well as Shri Puneet Chandra, learned counsel appearing for respondent no. 2. 2. This writ petition, filed under Article 226 of the Constitution of India, seeks quashing of the impugned transfer order dated 16.10.2024 passed by opposite party no. 4, contained in Annexure No. 4 to the writ petition. The petitioner has also sought a writ of mandamus directing the opposite parties to permit her to continue and discharge her duties at the Community Health Centre, Balkhar Nath, Pratapgarh. 3. It is not in dispute that the petitioner is serving under the Mission Director, National Health Mission, Uttar Pradesh. Learned counsel for the petitioner contends that under the contract as well as circular dated 22.08.2017 issued by the Mission Director, National Health Mission, it is provided that health workers working on contract basis in National Health Mission Scheme shall not be transferred to any other place. There is no power vested under the contract or the circular issued by the Mission Director empowering the Chief Medical Officer or the District Health Committee to transfer a contractual employee working under the National Health Mission Scheme to any other place. 4. Shri Puneet Chandra, learned counsel for respondent no. 2, does not dispute this position. On the contrary, he submits that the circular dated 22.08.2017 indeed provides that contractual employees under the National Health Mission scheme shall not be transferred. 5. Learned Standing Counsel has opposed the petitioner's claim, asserting that the power of transfer lies with the District Health Committee constituted under the National Health Mission. However, he could not demonstrate that Chief Medical Officer or the District Health Committee is empowered to transfer a contractual employee working under the National Health Mission Scheme. 6. Even assuming that the transfer order dated 16.10.2024 (Annexure No. 1) issued by the Chief Medical Officer has been approved by the District Health Committee, such approval does not validate the order in the absence of any statutory authority vested in either the CMO or the District Health Committee to effect such transfers. 7. Hence, the impugned transfer order is unsustainable and is hereby quashed. The writ petition is allowed. 8. Needless to say, all consequences arising from this judgment shall follow. Order Date :- 22.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench