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Sant Lal Yadav v. State Of U.P. And Others - WRIT - A No. 36977 of 2007 [2007] RD-AH 13865 (10 August 2007)


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Court No. 38

Civil Misc. Writ Petition No. 36977 of 2007

Sant Lal Yadav


State of U.P. and others

Hon'ble V.K. Shukla, J.

Petitioner has been transferred from Rajkiya Ayurvedic Chikitsalaya Khaga to  Rajkiya Ayurvedic Chikitsalaya Khakhreru. This fact has not been disputed that petitioner has been posted at Khaga since 4.06.2003. Petitioner has contended that while he was posted at Khaga in March, 2006, he suffered  from heart attack and had undergone by-pass surgery on 26.06.2006. Petitioner has contended that till date his medical bills, which stand approved by order dated 20.07.2006, have not been passed, though the matter had been referred way back on 25.07.2006, and motives have been sought to be imputed in this regard.

As far as order of transfer is concerned, same has been passed in public interest, and petitioner has been transferred to  Rajkiya Ayurvedic Chikitsalaya Khakhreru  from  Rajkiya Ayurvedic Chikitsalaya Khaga, where he remained posted since 04.06.2003. Once decision has been taken in public interest, then  this Court cannot come to rescue of petitioner in view of judgement of Hon'ble Apex Court in  in the cases of Mrs. Shilpi Bose and others Vs. State of Bihar and others reported in 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal (AIR 2004 SC 2165); Union of India and others Vs. Janardhan Debanath and another reported in [(2004) 4 Supreme Court Cases 245  and S.C. Saxena Vs. Union of India and others reported in 2006(9) SCC, page 583, as such, there is hardly any scope of interference with the impugned order of transfer.

It has been then contended that one Hem Raj has been sought to accommodated. Transfer and posting is within the domain of the authority concerned, and it is for the authority to see as to where an incumbent is be posted and where his/her services can be best utilized. In this background, as far as order of posting another incumbent is concerned, no interference is being made with the same. However, in respect of Medical Bills, the Director, Ayurvedic Evam Unani Sewa U.P. Lucknow is directed to see and ensure that entire amount which has been incurred by petitioner towards his treatment and, which has been approved, is reimbursed to him, within two months from the date of receipt of a certified copy of this order.  

Subject to above observation, writ petition is disposed of.




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