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2025 DAILYLAW 157272 (ALL)

VIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. (MEDICAL HEALTH AND FAMILY WELFARE) LKO. AND 3 OTHERS

WRIA/9023/2025 · 2025-08-12

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46944 Court No. - 8 Case :- WRIT - A No. - 9023 of 2025 Petitioner :- Virendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. (Medical Health And Family Welfare) Lko. And 3 Others Counsel for Petitioner :- Saurabh Yadav Counsel for Respondent :- C.S.C.,Puneet Chandra 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 02.08.2025 passed by Chief Medical Officer, Ayodhya whereby petitioner currently employed on the post of Ayush Pharmacist on contractual basis has been transferred from Community Health Centre, Goshaiganj, District Ayodhya to Community Health Centre, Milkipur 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 Circulars dated 18.08.2023 and 21.02.2024 which specifically provide 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 02.08.2025 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 :- 12.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench