VINOD KUMAR JAISWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) BOTH these matters involve common questions of law and facts and, therefore, have been heard together and are being decided by this common judgment. Sri S.K. Mishra, Advocate has advanced his submission on behalf of petitioner in Writ Petition No. 45863 of 2013 (hereinafter referred to as "first petition") while learned Standing Counsel has represented respondents No. 1, 2 and 3 and Sri J.N. Maurya, Advocate has appeared on behalf of respondent No. 4. In writ petition No. 52877 of 2013 (hereinafter referred to as "second petition"), Sri Brahmanand Tripathi has appeared on behalf of petitioner while learned Standing Counsel has advanced his submission on behalf of respondents.

(2.) FIRST , I take up the facts, in brief, of first writ petition. The petitioner Vinod Kumar Jaiswal was working as Laboratory Assistant (Rural). Earlier he was posted at New Primary Health Centre Bilwaie (Kabaraie) District Mahoba. The petitioner's wife was also an employee working as Assistant Teacher in Pre -Madhyamik School Korwan, Rudrapur Development Block, District Deoria and came in family way sometime in March, 2013. Since she needed company of her husband during this period, hence representation was made by petitioner's wife to Director General, Medicine and Health Service, U.P. Lucknow, the competent authority, for transfer of petitioner Vinod Kumar Jaiswal at Deoria. The request was accepted and Director General passed an order of transfer on 29.5.2013 whereby petitioner of first petition alongwith sixteen others were transferred. The petitioner was transferred to District Deoria.

(3.) UNTIL further orders of this Court the respondents No. 2 and 3 are directed to ensure payment of salary to petitioner from the office of Chief Medical Officer, Deoria.