Yogesh Kumar and Others v. State of U.P. Thru. the Prin. Secy. Medical Health and Family Welfare Lko. and Others

Court No. - 8

¶1Case :- WRIT - A No. - 4700 of 2023 Petitioner :- Yogesh Kumar and others Respondent :- State of U.P. Thru. The Prin. Secy. Medical Health and Family Welfare Lko. and others Counsel for Petitioner :- Ruby Choudhary,Shashank Singh Counsel for Respondent :- C.S.C.,Puneet Chandra connected with

¶2Case :- WRIT - A No. - 3729 of 2022 Petitioner :- Chandramani Shukla Respondent :- State of U.P. Thru. Prin. Secy. Medi. Health and Family Welfare Lko. and 5 others Counsel for Petitioner :- Anita Tiwari,Sangeeta Singh,Shweta Singh Counsel for Respondent :- C.S.C.

¶3Case :- WRIT - A No. - 4701 of 2023 Petitioner :- Gurvindar Mendwari and 11 others Respondent :- State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko. and 3 others Counsel for Petitioner :- Shashank Singh,Ruby Choudhary Counsel for Respondent :- C.S.C.,Puneet Chandra

¶4Case :- WRIT - A No. - 4702 of 2023 Petitioner :- Mahima Singh and 8 others Respondent :- State of U.P Thru. Prin. Secy. Medical Health and Family Welfare Lko and 3 others Counsel for Petitioner :- Ruby Choudhary,Shashank Singh Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Dinesh Kumar Singh, J.

¶1Heard Sri Shashank Singh, learned counsel for the petitioners as well as Sri Jogendra Nath Verma, learned Standing Counsel and Sri Puneet Chandra, learned counsel for the Mission Director, National Health Mission.

¶2The writ petitions under Article 226 of the Constitution of India have been filed impugning the orders dated 16.6.2023 and

5.5.2022 passed by the Chief Medical Officer, Lakhimpur Kheri and Pratapgarh, whereby the petitioners, who are working on contractual basis as Block Community Process Manager, Block Programme Manager, Block Account Manager and Optometrist have been transferred to different blocks from their present place of posting.

¶3The petitioners are working under the Mission Director, National Health Mission, Government of Uttar Pradesh.

¶4Learned counsel for the petitioners submits that under the contract as well as the circular dated 22.8.2017 issued by the Mission Director, National Health Mission, it is specifically provided that health workers working on contract basis in National Health Mission scheme shall not be transferred to any other place. There is no power vested under the contract or the circular issued by the Mission Director empowering the Chief Medical Officer or the District Health Committee to transfer a contractual employee working under the National Health Mission scheme to any other place.

¶5Learned counsel for the Mission Director, National Health Mission does not dispute this assertion made on behalf of the petitioners. He further submits that the circular dated 22.8.2017 clearly provides that the contractual employees working under the National Health Mission scheme shall not be transferred to any other place.

¶6Sri Jogendra Nath Verma, learned Standing Counsel submits that the power to transfer a contractual employee is vested in the District Health Committee constituted under the National Health Mission. However, he is not in a postilion to demonstrate that Chief Medical Orifice or the District Health Committee is entitled or empowered to transfer a contractual employee working under the National Health Mission scheme.

¶7Mere approval of the order passed by the Chief Medical Officer by the District Health Committee does not validate the order when there is no such power vested either in the Chief Medical Officer or in the District Health Committee. Thus, the impugned orders are unsustainable and are liable to be quashed.

¶8Thus, all the writ petitions are allowed and the impugned orders dated 16.6.2023 and 5.5.2022 in respect of the transfer of the petitioners, are hereby quashed. Consequences to follow. . ( Dinesh Kumar Singh, J. ) Order Date :- 10.7.2023 Rao/- High Court of Judicature at Allahabad, Lucknow Bench