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2025 DAILYLAW 80699 (ALL)

KRISHAN DEO PANDEY v. STATE OF U.P. AND 4 OTHERS

WRIA/10870/2025 · 2025-07-31

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129429 Court No. - 4 Case :- WRIT - A No. - 10870 of 2025 Petitioner :- Krishan Deo Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Tripathi,Namit Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties. The petitioner is aggrieved by the order dated 22.07.2025, whereby, he has been transferred from Development Block Semariyawan to Development Block Khalilabad. It is submitted that petitioner is a contract employee and as per terms and condition, his service under circular letter dated 18.08.2023 are not liable to be transferred from the place where he has been offered contract employment. Learned Advocate has placed reliance not only circular letter dated 22.08.2017 but also the circular letter issued by Director, National Health Mission, U.P. Lucknow dated 18.8.2023 in which clear directives have been issued that such transfer should not be made. Clause 8 and 9 of the circular letter dated 22.8.2017 very clearly provides that contract employees and medical officers shall be appointed for a particular place and shall not be transferred to other places and those who do not want to work at that particular place for which contract of employment was made, their contract of employment shall be rescinded to make new appointments. Similar stand is taken under the circular letter dated 18.08.2023. Taking judicial notice of the above circular letters, writ petition no. 14433 of 2023, Shalini Kumari v. State of U.P. and 3 Others, has been allowed, vide order dated 29.08.2023. Learned Standing Counsel is not able to contradict the circular letters and the order passed regarding one such contract employees in writ petition no. 14433 of 2023. In view of above, this writ petition succeeds and is allowed in terms of the order passed in Writ - A No. 14433 of 2023 and the order of transfer dated 22.07.2025 is, hereby, quashed. The petitioner will continue at the place where he was given contract employment and he shall be paid salary accordingly. Order Date :- 1.8.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad