RASHMI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.P. Singh, learned Senior Advocate assisted by Sri Amarendra Pratap Singh, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.

(2.) Since by means of the aforesaid writ petitions the transfer order dated 18.12.2018 passed by the Chief Medical Officer, Lucknow has been assailed whereby both the petitioners of the aforesaid writ petitions have been transferred and the grounds to assail the aforesaid impugned order are more or less same and both the writ petitions are being listed by connecting each other, therefore, with the consent of learned counsel for the parties, both the writ petitions are being decided by a common judgment.

(3.) The brief facts of the aforesaid cases are that the petitioners are serving on the post of Heath Education Officer (Class-III Non-Gazetted). The Appointing Authority for the aforesaid post is the Director General, Family Welfare, U.P. and presently both the petitioners are discharging their duties at Lucknow under the local administrative control of the Chief Medical Officer, Lucknow. The Chief Medical Officer, Lucknow has full administrative control and, as such, he is vested with the authority regarding the transfer and posting of his subordinate officials and officers within the district. However, if the transfer of the Health Education Officer is made out of the district, such authority vests with the Director General, Family Welfare, U.P.