Neutral Citation No. - 2025:AHC:27145 Court No. - 4 Case :- WRIT - A No. - 2128 of 2025 Petitioner :- Shivani Respondent :- State Of U.P. And 6 Other Counsel for Petitioner :- Prabhat Pandey,Satendra Kumar Sharma Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. The petitioner before this Court is seeking transfer from one Community Health Center to other Community Health Center on mutual basis. 3. It is contended by learned counsel for the petitioner that earlier the respondents had invited application for such transfers and yet the petitioner's claim has not been considered solely on the ground that there was some complaint pending against him. It is argued on behalf of the petitioner that the said complainant has been denied by complainant himself as he claimed to have never made any such complaint in the month of January before the Chief Medical Officer, Ambedkar Nagar. Therefore, now his application for mutual transfer can be accorded due consideration. 4. Sri Pranjal Mehrotra, learned counsel for the respondent submits that there is no transfer policy as such or transfer of contract employees from one Community Health Center to other Community Health Center and when the department had itself proceeded to make transfer and this Court had passed interim stay order in a number of petitions and finally those persons have been repatriated and policy is now scrapped. 5. In the circumstances, he submits that neither the petitioner has any vested legal right nor statutory right as such to apply for transfer. Even otherwise he submits that once this Court has already taken a view that contract employees cannot be transferred then even inviting applications seeking request for transfer was totally misplaced step. 6. Having heard learned counsel for the parties and their arguments raised across the bar, in my considered view if the petitioner has been appointed on contractual post in a particular Community Health Center then it is contract for that Community Health Center only. Neither the Director, National Health Mission, State of Uttar Pradesh nor any officer subordinate to him enjoyed any such power to transfer the contract employees from one place to another place. In the circumstances, therefore, as such no mandamus can be issued to the respondent when there is no obligation under the statute to discharge. 7. At this stage, learned counsel for the petitioner submits that he may be afforded one opportunity to represent in the matter of complaint against the petitioner before the Chief Medical Officer Concerned. 8. Learned Standing Counsel for the respondent submits that he has no objection in the event direction is issued to the Chief Medical Officer to dispose of the matter of complaint pending before him. 9. In the circumstances, this petition stands disposed of with direction to the petitioner to prefer a fresh representation before the Chief Medical Officer concerned within a period of two weeks and in the event any such representation is made within the time prescribed for, the Chief Medical Officer shall dispose of the matter of complaint within a further period of six weeks after giving opportunity of hearing to the appearing parties. Order Date :- 27.2.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad