JUDGMENT Hon’ble Shri Narayan Shukla, J.—Heard Mr.Shivam Sharma, learned Counsel for the petitioner and learned Standing Counsel for the opposite parties 1 to 5 as well as Ms.Pushpila Bisht, learned Counsel for opposite party No. 6. 2. By means of the present writ petition the petitioner has challenged the order dated 22nd June, 2006, passed by the Director General, Medical and Health Services, State of U.P., whereby the transfer of the petitioner, which was made to Balrampur Hospital, district Lucknow on his own request from Primary Health Centre Sarpan Mall, district Lucknow, has been cancelled. Annexure 2 is the order dated 25th May, 2006 whereby the petitioner was transferred from Primary Health Centre Sarpan Mall, district Lucknow to Balrampur Hospital, Lucknow on his own request, where the opposite party No. 6 was posted, and therefrom he was transferred under the Chief Medical Officer. The transfer order of Shri Arvind Kumar transferring him from Balrampur Hospital to the office of the Chief Medical Officer is also on record as Annexure 6 to the writ petition. On 22nd June, 2006 itself the transfer order of opposite party No. 6 has also been cancelled. 3. The learned Counsel for the petitioner submits that just only to accommodate and allow to continue to the opposite party No. 6, as is evident from Annexure 4 to the writ petition itself, the transfer of the petitioner for Balrampur Hospital has been cancelled arbitrarily without any reasonable ground. 4. This Court on 3rd July, 2006 issued direction to the learned Additional Chief Standing Counsel to produce the relevant record, which has been placed before this Court. From noting on the record it appears that the opposite party No. 6 submitted an application for cancellation of his transfer order on the ground that he is a General Secretary of the Diploma Pharmacist Gazetted Officer Association Uttar Pradesh and under the transfer policy the President and the Secretary of the Association cannot be transferred at least for two years from the date of holding the office in the Association. 5.
5. From the record it is also evident that there is noting on the file that the Diploma Pharmacist Gazetted Officer Association Uttar Pradesh is not a recognized Association by the State Government, but ignoring the aforesaid fact the Director General Medical and Health Services has dared to cancel the transfer order of the opposite party No. 6 and again allowed him to continue in the Balrampur Hospital. From the noting it is also evident that the Director General by taking the aforesaid step has also taken into consideration the recommendation of one Shrl Madan Gopal Verma, Member of Legislative Assembly and thus the same is also politically motivated. 6. This Court in Contempt Petition No. 820 of 2002 has observed that the Director General shall transfer all those paramedical staff who are posted at a place for more than five years and it was made clear that this direction was made to effectuate the government policy and to root out the corruption in the Medical Colleges. This fact has also not been disputed that the opposite party No. 6 has already been posted from more than last 10 years and despite the direction of this Court as has been referred hereinabove the Director General of Medical and Health Services has so darted to allow the opposite party No. 6 to continue in the Balrampur Hospital Itself even beyond the period of ten years by cancelling its transfer order. It is a deliberate and politically motivated action of the Director General of Medical and Health Services. 7. The learned Counsel for opposite party 6 has filed the counter affidavit justifying the continuation of opposite party No. 6 in Balrampur Hospital stating therein that since he has been elected as General Secretary of the Association he has right to continue there at least for two years in terms of the transfer policy. 8. The learned Counsel for the petitioner disputed this fact and submitted that the Association itself is not a recognized Association. In reply of which the learned Counsel for the respondent No. 6 has submitted that for recognizing the Association the application is already under consideration by the State Government, thus the fact is clear that on the date the Association concerned is not a recognized Association and the petitioner being General Secretary of the un-recognized Association is not entitled to get any benefit of the transfer policy. 9.
9. In view of the aforesaid facts and circumstances I find that the instant case is a glaring example of defiance of the direction of this Court as well as the political interference. However, without making any comment on the contemptuous action of the Director General of Medical and Health Services, I hereby quash the order dated 22nd June, 2006, contained in Annexure 1 to the writ petition, whereby the petitioner’s transfer for Balrampur Hospital has been cancelled and a writ of mandamus is issued to the respondents to allow the petitioner to continue in Balrampur Hospital in terms of transfer order dated 25th May, 2006. 10. In the aforesaid terms the writ petition is allowed. Petition Allowed. ———