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2012 DIGILAW 2629 (ALL)

Ved Prakash Sharma v. State of U. P. & Ors.

2012-11-07

TARUN AGARWALA

body2012
Tarun Agarwala, J.;— Heard the learned counsel for the parties. The petitioner Babita Lodhi was transferred, by an order dated 24th May, 2012 from Nazibabad to Noida, on the post of Optometrist on her own request. Based on the said order, the petitioner joined on 29th May, 2012. By another order dated 23rd May, 2012, the petitioner Ved Prakash Sharma was transferred from PHC, Shimbhaoli to Noida again on his own request and, based on this transfer order, the petitioner joined the place of transfer on 26th May, 2012. The record reveals that the transfer order of Ved Prakash Sharma was cancelled on 24th May, 2012, inspite of which he was permitted to join the place of transfer on 26th May, 2012. When the aforesaid fact came to the knowledge of the petitioner, he moved heavens on earth and got the order of 24th May, 2012 cancelled by an order of 25th July, 2012, as a result the transfer order of Ved Prakash Sharma dated 23rd May, 2012 stood revived. The District Hospital, Noida had only one post of Optometrist and two persons were transferred and whose joining reports were accepted by the Chief Medical Superintendent, which is a strange fact. The petitioner Ved Prakash Sharma and Babita Lodhi were not paid the salary. In so far as Babita Lodhi is concerned, she filed a writ petition and obtained an interim order, as a result of which, the department of Medical Health and Services issued an order on 3rd October, 2012 cancelling the transfer order of Ved Prakash Sharma and directing him to report back to the parent department. The petitioner Ved Prakash Sharma, consequently, approached this Court and this is how both the writ petitions are being heard and decided together. Yesterday, the Standing Counsel upon receiving instructions from the Joint Director Dr. A.K. Singh intimated the Court that the petitioner Ved Prakash Sharma has to join on his original place, namely, PHC, Simbhaoli. In response, the learned counsel for the Ved Prakash Sharma pointed out that the vacancy made by him pursuant to his transfer order has now been filled up by Anshu Singh and, consequently, the Joint Director was directed to take fresh instructions. In response, the learned counsel for the Ved Prakash Sharma pointed out that the vacancy made by him pursuant to his transfer order has now been filled up by Anshu Singh and, consequently, the Joint Director was directed to take fresh instructions. The learned Standing Counsel has placed an order dated 6th November, 2012 before the Court by which Ved Prakash Sharma has now been transferred to PHC, Nazibabad in district Bijnor where a vacant post is available. A photo stat copy of the transfer order is being given to the learned counsel for the petitioner Ved Prakash Sharma. In the light of the aforesaid facts, it is clear that the department of Medical Health and Services are not aware of the number of vacancies existing in their hospitals at different places and on the whims and fancies of an incumbent, transfer orders are passed mechanically without finding out as to whether a vacancy is existing or not. In the instant case, two persons have been transferred by two different orders passed by the same authority, posting the two petitioners before this Court to the same place knowing fully well that there is only one post available. As a result of the faux pas committed by the respondents. Both the petitioners were allowed to join and have not been paid their salary till date. This Court is of the opinion that Ved Prakash Sharma could not have been allowed to join at District Hospital, Noida, pursuant to his transfer order dated 23rd May, 2012, inasmuch as prior to his joining the transfer order dated 23rd May, 2012 was cancelled by an order dated 24th May, 2012. In the light of the aforesaid, both the writ petitions are disposed of. The petitioner Babita Lodhi will continue to function as an optometrist pursuant to the transfer order dated 24th May, 2012 at District Hospital, Noida. The petitioner Ved Prakash Sharma will join the new place of posting at Nazibabad within the prescribed period pursuant to the transfer order dated 6th November, 2012. The Court hereby directs the respondents to release the salary of the petitioner Ved Prakash Sharma within three days of his joining at Nazibabad. The petitioner Ved Prakash Sharma will join the new place of posting at Nazibabad within the prescribed period pursuant to the transfer order dated 6th November, 2012. The Court hereby directs the respondents to release the salary of the petitioner Ved Prakash Sharma within three days of his joining at Nazibabad. Since a mistake has been committed by the respondents, the Court awards a sum of Rs.20,000/- as cost to Ved Prakash Sharma, which will also be paid by the respondents within two weeks from the date of production of a certified copy of this order before the Competent Authority. In the event, the amount is not paid to Ved Prakash Sharma it would be open to him to move an application in his petition for the recovery of the amount. It would also be open to the respondents to recover this amount from the erring officials. It has also been brought to the knowledge of the Court that the petitioner Babita Lodhi has also not been paid the salary. Let her salary be released within three days from the date of production of a certified copy of this order. Certified copy of this order shall be made available to the learned counsel for the parties on payment of usual charges within 48 hours. _____________