Allahabad High Court
WRIA/14975/2025 of SMT. NEHA YADAV Vs STATE OF U.P. THRU. ITS PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 4 OTHERS on 19 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14975 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Shubham Singh, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 & 3 to 5 and Mr. Mohit Chandra, Advocate holding brief on behalf
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 14975 of 2025
Court No. - 7
HON'BLE MANISH MATHUR, J.
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1. Heard Mr. Shubham Singh, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 & 3 to 5 and Mr. Mohit Chandra, Advocate holding brief on behalf of Mr. Puneet Chandra, learned counsel appearing for opposite party no.2. 1A. Supplementary affidavit filed today is taken on record.
2. Petition has been filed challenging transfer order dated 06.12.2025 and consequential order dated 09.12.2025.
3. Learned counsel for petitioner submits that the petitioner has been engaged on a contractual basis under the terms of contract as well as circular dated 22.08.2017 which specifically provides that Health Workers working on contract basis in the National Health Mission Scheme shall not be transferred to any other place. It is also submitted that there is no power vested under the contract or circular to transfer contractual employee working under the National Health Mission Scheme.
4. Learned counsel submits that the aforesaid controversy has already been decided by Coordinate Bench of this Court in Yogesh Kumar & others v. State of U.P. through The Principal Secretary, Medical Health and Family Welfare, Lucknow & others passed in Versus Counsel for Petitioner(s) : Shubham Singh, Surya Kant Singh Counsel for Respondent(s) : C.S.C., Puneet Chandra Smt. Neha Yadav .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Medical Health And Family Welfare Lko. And 4 Others .....Respondent(s)
Writ A No.4700 of 2023 and Shishir Kumar Srivastava v. State of U.P. & Ors passed in Writ A No.4896 of 2023 by means of orders dated 10.07.2023 and 12.07.2023 respectively which covers the issue.
5. Learned counsel appearing on behalf of opposite parties do not dispute the aforesaid facts.
6. Learned counsel for petitioner has also drawn attention to the direction issued by opposite party no.2 dated 22.08.2017 to indicate that there is specific bar with regard to transfer of contractual employees of the Mission.
7. In view of aforesaid statement given by learned counsel for opposite parties, petitioners being placed in a similar situation are therefore entitled to the benefit of the aforesaid judgments.
8. Consequently, a writ in the nature of Certiorari is issued quashing transfer order dated 06.12.2025 issued by Chief Medical Officer, Bahraich at the admission stage itself.
9. Resultantly, petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 19, 2025 Subodh/- WRIA No. 14975 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench