SHALINI SINGH v. MISSION NIDESHAK, RASHTRIYA SWASTHYA MISSION LKO. AND 9 OTHERS
WRIA/4407/2025 · 2025-04-24
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135394 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23626 Court No. - 18 Case :- WRIT - A No. - 4407 of 2025 Petitioner :- Shalini Singh Respondent :- Mission Nideshak, Rashtriya Swasthya Mission Lko. And 9 Others Counsel for Petitioner :- Sabir Ali Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 3 to 8. 2. This writ petition, filed under Article 226 of the Constitution of India, seeks quashing of the impugned transfer order dated 15.04.2025 and relieving order dated 15.04.2025 passed by opposite party no. 6, contained in Annexure No. 1 and 2 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 15.04.2025 (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 :- 24.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench