Allahabad High Court
PRIYANK TIWARI @ PRIYANK KUMAR TIWARIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The transfer order is quashed and the petitioner is to remain at his originally appointed posting.
Summary
The petitioner, a contractual medical officer, challenged an order dated 10 September 2026 that transferred him from Community Health Centre, Jakhaura to Community Health Centre, Madawara in Lalitpur district. He contended that the terms of his contract and two government circulars (dated 22 August 2017 and 18 August 2023) expressly prohibit the transfer of contract employees and require rescission of the contract if the employee does not wish to relocate. The court took judicial notice of these circulars and of a prior judgment in Shalini Kumari v. State of U.P. (Writ Petition No. 14433 of 2023) which upheld the same principle. The respondent counsel could not rebut the circulars or the earlier decision. Consequently, the court held that the transfer order was unlawful, quashed it, and directed that the petitioner remain at his original posting and continue to receive his salary there.
Issues considered
- Whether a contractual employee appointed under the circulars can be transferred to another posting without his consent.
- Whether the transfer order dated 10‑09‑2026 violates the directives issued in the circulars of 22‑08‑2017 and 18‑08‑2023.
- Whether the earlier judgment in Shalini Kumari v. State of U.P. (Writ Petition No. 14433 of 2023) is binding on the present petition.
Subjects
- contractual employee
- transfer
- government circular
- health services
- writ petition
- administrative law
- appointment
- rescission
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15393 of 2026
Priyank Tiwari @ Priyank Kumar Tiwari
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sourabh, Vijay Raj Pal
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. The petitioner is aggrieved by the order dated 10.9.2026,
whereby, the petitioner has been transferred from Community
Health Centre, Jakhaura, District Lalitpur to Community Health
Centre, Madawara, District Lalitpur.
3. It is submitted by learned counsel for the petitioner that
petitioner is a contractual employee and contract employee as per
terms and condition, her services under circular letter dated
18.08.2023, are not liable to be transferred from the place where
he has been offered contract employment.
4. Learned counsel for the petitioner has placed reliance not only
circular letter dated 22.08.2017 but also the circular letter issued by
Director, National Health Mission, U.P. Lucknow dated 18.8.2023
in which clear directives have been issued that such transfer
should not be made. Clause 8 and 9 of the circular letter dated
22.8.2017 very clearly provides that contract employees and
medical officers shall be appointed for a particular place and shall
not be transferred to other places and those who do not want to
work at that particular place for which contract of employment was
made, their contract of employment shall be rescinded to make
new appointments. Similar stand is taken under the circular letter
dated 18.08.2023.
WRIA No. 15393 of 2026
2
5. Taking judicial notice of the above circular letters, writ petition
no. 14433 of 2023, Shalini Kumari v. State of U.P. and 3 Others,
has been allowed, vide order dated 29.08.2023.
6. Learned Standing Counsel is not able to contradict the circular
letters and the order passed regarding one such contract
employees in writ petition no. 14433 of 2023.
7. In view of above, this writ petition succeeds and is allowed in
terms of the order passed in Writ A No. 14433 of 2023 and the
order of transfer dated 10.09.2026 is, hereby, quashed. The
petitioner will continue at the place where she was given contract
employment and she shall be paid salary accordingly.
September 25, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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