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2025 DAILYLAW 151929 (ALL)

HARISH CHANDRA v. THE STATE OF U.P. THRU. ITS PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 3 OTHERS

WRIA/7818/2025 · 2025-07-23

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42095 Court No. - 18 Case :- WRIT - A No. - 7818 of 2025 Petitioner :- Harish Chandra Respondent :- The State Of U.P. Thru. Its Prin. Secy. Medical Health And Family Welfare Lko. And 3 Others Counsel for Petitioner :- Saurabh Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1, 3 and 4 and Mr. Puneet Chandra, learned counsel appearing on behalf of opposite party no.2. Petition has been filed challenging transfer order dated 28.06.2025 passed by Chief Medical Officer, Ayodhya whereby petitioner currently employed on the post of Para-medical Worker on contractual basis has been transferred from Community Health Centre, Mayabazar, District Ayodhya to Community Health Centre, Sohawal in the same District. Learned counsel for petitioner submits that the petitioner has been engaged on a contractual basis under the terms of contract as well as Circular dated 18.08.2023 which specifically provides that Health Workers working on contract basis in the National Health Mission Scheme shall not be transferred to any other place. It is also submitted that there is no power vested under the contract or circular to transfer contractual employee working under the National Health Mission Scheme. Learned counsel submits that the aforesaid controversy has already been decided by Coordinate Bench of this Court in Yogesh Kumar & Ors v. State of U.P. through The Principal Secretary, Medical Health and Family Welfare, LKO & Ors. passed in Writ A No.4700 of 2023 and Shishir Kumar Srivastava v. State of U.P. & Ors passed in Writ A No.4896 of 2023 by means of orders dated 10.07.2023 and 12.07.2023 respectively which covers the issue. Learned counsel appearing on behalf of opposite parties do not dispute the aforesaid facts. In view of aforesaid statement given by learned counsel for opposite parties, petitioner being placed in a similar situation is therefore entitled to the benefit of the aforesaid judgments. Consequently, a writ in the nature of Certiorari is issued quashing transfer order dated 28.06.2025 passed by Chief Medical Officer, Ayodhya. Resultantly, petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. Order Date :- 23.7.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench