Allahabad High Court
WRIA/13379/2025 of KAMAL KISHOR VERMA Vs STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH LKO. AND 3 OTHERS on 18 November 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13379 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Mr. Sudhakar Prakash, learned counsel for petitioner, learned Standing Counsel for the respondent nos. 1, 3 and 4 and Sri Puneet Chandra, learned counsel appearing for respondent no. 2. 2.
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 13379 of 2025
Court No. - 5
HON'BLE ALOK MATHUR, J.
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1. Heard Mr. Sudhakar Prakash, learned counsel for petitioner, learned Standing Counsel for the respondent nos. 1, 3 and 4 and Sri Puneet Chandra, learned counsel appearing for respondent no. 2.
2. Petition has been filed challenging transfer order dated 03.11.2025 passed by Chief Medical Officer, Sitapur.
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 22nd August, 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 Co-ordinate Bench of this Court in the cases of Yogesh Kumar & Ors vs. State of U.P. through the Principal Secretary, Medical Health and Family Welfare, Lucknow & Ors. passed in Writ A No.4700 of 2023 and Shishir Kumar Srivastava vs. State of U.P. & Ors. passed in Writ A No.4896 of 2023 by means of orders dated 10th July, 2023 and 12th July, 2023, respectively which covers the issue.
5. Learned Standing Counsel appearing on behalf of respondents do not dispute the aforesaid facts.
6. In view of aforesaid statement given by learned counsel for respondents, petitioner being placed in a similar situation is therefore entitled to the benefit of the aforesaid judgments.
7. Consequently, a writ in the nature of certiorari is issued quashing transfer order dated 03.11.2025 passed by Chief Medical Officer, Sitapur, at the admission stage itself. Versus Counsel for Petitioner(s) : Sudhaker Prakash Counsel for Respondent(s) : C.S.C., Puneet Chandra Kamal Kishor Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Lko. And 3 Others .....Respondent(s)
8. Resultantly, petition succeeds and is allowed. Parties to bear their own costs.
November 18, 2025 A. Verma WRIA No. 13379 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench