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Allahabad High Court stays transfer of handicapped surgeon

The Allahabad High Court has stayed the transfer of handicapped surgeon Dr Prashant Mishra from his posting in Kanpur to Unnao.

A Single Bench of Justice Alok Mathur passed this order while hearing a petition filed by Dr Mishra.

The petitioner has assailed the impugned order of transfer dated 30.06.2022 transferring the petitioner from UHC Hospital, Kanpur Nagar to District Hospital, Hamirpur as Senior Consultant (Surgeon).

It has been submitted by the counsel for the petitioner that petitioner is qualified in M/s General Surgery and selected and appointed in Government Hospital Kanpur Dehat on 13.02.2000 and subsequently transferred from Kanpur Dehat to Unnao in the year 2017 and further promoted as Joint Director on 24.11.2011.

The counsel for the petitioner submitted that the petitioner is suffering from Locomotor Disability and in the diagnosis it revealed that the Post Laminectomy L1, L2, L3 Post Spine D10 to L1 Protrusion C4/5, C5/6, C6/7 Patients with Decreased Spinal Movements and Muscular Weakness Both Lower Limb Grade 4.4+/5 and due to that 50% permanent disability is there affecting his left leg and right leg and on 08.04.2022 the Disability Certificate issued. The Disability Certificate shows 50% permanent disability and this certificate issued by District Handicapped Board under chief Medical Officer, Kanpur Nagar.

He further submitted that the order of transfer is in violation of the transfer policy dated 15.06.2022 and in Clause 5 of the said policy, it is provided that the handicapped employees or the employees whose family is handicapped should not be transferred and they should be exempted from transfer except in the cases of serious complaint but in the case the petitioner who is disabled, has not been considered in the light of the same.

At this stage, the counsel for the petitioner submitted that the grievance of the petitioner will be substantially redressed in case a suitable direction is given to respondents to look into the grievances of the petitioner and pass appropriate orders thereon.

Accordingly, without entering into the merits of the case, the Court disposed of the writ petition with a liberty to the petitioner to make a representation to the respondent No 2/Director General, Medical & Health Department, Government of Uttar Pradesh, Lucknow who shall consider and decide the same expeditiously, say within a period of two weeks thereafter by reasoned and speaking order in accordance with law and and communicate the decision to the petitioner.

Till the decision taken by respondent No 2 on the representation of the petitioner, no coercive measure shall be taken against the petitioner, the Court ordered.

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