MAHESHKUMAR PURSHOTTAMBHAI KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed the present petition invoking the writ jurisdiction of this Court under Article 226 of the Constitution, seeking to challenge order dated 04th April, 2018 passed by the Joint Secretary, Health & Family Welfare Department. Thereby the petitioner who is Medical Officer, Class- II, came to be transferred from Civil Hospital, Ahmedabad to Government Hospital, Savarkundla, District Amreli. The petitioner was required to join the transferred place after obtaining necessary movement orders.

(2.) It may be stated that as per the uncontroverted factual position stated in the affidavit-in-reply by the respondent, pursuant to the impugned order of transfer, the petitioner already resumed his duties on 20th April, 2018 at the transferred place.

(3.) It is the case of the petitioner that he came to be appointed as Medical Officer, Class-II, and resumed his duties from 20th December, 1994. The petitioner worked as Medical Officer at Civil Hospital, Ahmedabad since 23rd September, 2005. He was sent in two spells by way of transfer on deputation at the Central Jail Dispensary, Ahmedabad. It is stated by the petitioner that he ranks high in the seniority position of the Medical Officers, Class-II. It was stated by him that Circulars of the Health & Family Welfare Department provide for rotational transfer of Medical Officers at the Jail Dispensaries located in the Jails of the State and the petitioner was accordingly placed at such dispensaries by way of deputation. He joined his duties at the Jail Dispensary at Central Jail, Ahmedabad on 25th October, 2017 and was relieved on 02nd February, 2018, to again join on 03rd February, 2018 at the Civil Hospital, Ahmedabad. It is alleged by the petitioner that one Mr.M.D. Gajjar working as Additional Medical Superintendent at the Civil Hospital misbehaved with the petitioner in an alcoholic condition preventing the petitioner to join the duties. It is the further allegation of the petitioner that respondent No.4 - Medical Superintendent, Civil Hospital, Ahmedabad, also refused the petitioner to join the duties.