PRIYANK TIWARI @ PRIYANK KUMAR TIWARI v. STATE OF U.P. AND 2 OTHERS
WRIA/15393/2026 · 2026-09-24
Manish Kumar Nigam
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 10462 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10462 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15393 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. The petitioner is aggrieved by the order dated 10.9.2026, whereby, the petitioner has been transferred from Community Health Centre, Jakhaura, District Lalitpur to Community Health Centre, Madawara, District Lalitpur.
3. It is submitted by learned counsel for the petitioner that petitioner is a contractual employee and contract employee as per terms and condition, her services under circular letter dated 18.08.2023, are not liable to be transferred from the place where he has been offered contract employment.
4. Learned counsel for the petitioner 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want to work at that particular place for which contract of employment was made, their contract of employment shall be rescinded to make new appointments.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. Versus Counsel for Petitioner(s) : Sourabh, Vijay Raj Pal Counsel for Respondent(s) : C.S.C. Priyank Tiwari @ Priyank Kumar Tiwari .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
5. 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.
6. 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.
7. 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 10.09.2026 is, hereby, quashed. The petitioner will continue at the place where she was given contract employment and she shall be paid salary accordingly. September 25, 2026 Rishabh WRIA No. 15393 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad