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Smt. Nirmala Pandey v. Chief Medical Officer, Deoria & another - WRIT - A No. 18586 of 2001 [2005] RD-AH 5658 (11 November 2005)


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Court No. 10

Civil Misc. Writ Petition No. 18586 of 2001

Smt. Nirmala Pandey Vs. Chief Medical Officer, Deoria and another


Hon. Dilip Gupta, J.

This writ petition has been filed by a Basic Health Worker for quashing the order dated 24.4.2001 by which the petitioner was shifted from Primary Health Centre Bankata, Deoria to Sub-Centre Inderwa, Bankata, Deoria by way of a local arrangement.

Learned counsel for the petitioner submitted that it was only on 22.7.2000 that the petitioner was transferred from Sub-Centre Inderwa, Bankata, Deoria to the Primary Health Centre Bankata, Deoria but within a period of nine months, the petitioner was again transferred from Primary Health Centre Bankata, Deoria to Sub-Centre Inderwa, Bankata, Deoria. According to the learned counsel for the petitioner this was done at the behest of Hon'ble Health Minister in order to accommodate one Smt. Sona Devi.

I have heard the learned counsel for the petitioner and Sri Amit Saxena, learned counsel for the respondents and have perused the materials available on record.

The contention of the petitioner that the transfer order had been passed at the behest of the Hon'ble Minister cannot be accepted for the simple reason that the Hon'ble Minister has not been impleaded as a party respondent in the present petition. This apart, a perusal of the order clearly indicates that the petitioner had been shifted merely from the Sub-Centre to the Main Centre of the Primary Health Centre, Bankata, Deoria. This was on the basis of a local arrangement and it cannot be said that the petitioner was transferred from one Primary Health Centre to another Primary Health Centre.

In this view of the matter, the petition is liable to be dismissed and is, accordingly, dismissed. The interim order dated 16.5.2001 is hereby vacated.

Dt/- 11.11.2005



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