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2025 DAILYLAW 59754 (ALL)

RAM PRAKASH MAURYA AND 2 OTHERS v. STATE OF UP AND 6 OTHERS

WRIA/7190/2025 · 2025-05-21

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87240 Court No. - 4 Case :- WRIT - A No. - 7190 of 2025 Petitioner :- Ram Prakash Maurya And 2 Others Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for petitioners and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioners have questioned the orders dated 06.05.2025 and 07.05.2025 whereby they have been repatriated to their parent Community Health Centre. 3. According to the learned counsel for petitioners even though petitioners could not have been transferred but once they stood transferred to another health centre, an order was passed by the authority that whatever the orders had been earlier passed for transfer and adjustment, shall continue to remain in force. 4. Learned Standing Counsel on the contrary submits that the order s dated 06.05.2025 and 07.05.2025 has come to be passed in view of the stand taken by the High Court in a number of petitions filed before this Court that the contract appointment to a health centre is specific to that very health centre and therefore, said contractual employee cannot be transferred to another community health centre. It is in the light of the directions issued by this Court that now said transferees are being repatriated. 5.Upon a pointed query being made learned counsel for the petitioner could not dispute the fact that there is already judgment of this Court that contract employees already working at Health Centres under the National Health Mission Programme, cannot be transferred to another place. 6. In view of the above therefore, if the petitioners are repatriated to their original place, where they were given contract appointment initially being specific to the health centre concerned, I do not find any manifest error in the order passed by the authority. 7. Accordingly, I decline to grant indulgence in the matter. 8. Petition fails and is accordingly dismissed. Order Date :- 22.5.2025/IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad