- (1.) Heard the learned Counsel for the parties. The petitioner Babita Lodhi was transferred, by an order dated 24th May, 2012 from Nazibabad to Noida, on the post of Optometrist on her own request. Based on the said order, the petitioner joined on 29th May, 2012. By another order dated 23rd May, 2012, the petitioner Ved Prakash Sharma was transferred from PHC, Shimbhaoli to Noida again on his own request and, based on this transfer order, the petitioner joined the place of transfer on 26th May, 2012. The record reveals that the transfer order of Ved Prakash Sharma was cancelled on 24th May, 2012, inspite of which he was permitted to join the place of transfer on 26th May, 2012. When the aforesaid fact came to the knowledge of the petitioner, he moved heavens on earth and got the order of 24th May, 2012 cancelled by an order of 25th July, 2012, as a result the transfer order of Ved Prakash Sharma dated 23rd May, 2012 stood revived.
(2.) The District Hospital, Noida had only one post of Optometrist and two persons were transferred and whose joining reports were accepted by the Chief Medical Superintendent, which is a strange fact. The petitioner Ved Prakash Sharma and Babita Lodhi were not paid the salary. In so far as Babita Lodhi is concerned, she filed a writ petition and obtained an interim order, as a result of which, the department of Medical Health and Services issued an order on 3rd October, 2012 cancelling the transfer order of Ved Prakash Sharma and directing him to report back to the parent department. The petitioner Ved Prakash Sharma, consequently, approached this Court and this is how both the writ petitions are being heard and decided together.
(3.) Yesterday, the Standing Counsel upon receiving instructions from the Joint Director Dr. A.K. Singh intimated the Court that the petitioner Ved Prakash Sharma has to join on his original place, namely, PHC, Simbhaoli. In response, the learned Counsel for the Ved Prakash Sharma pointed out that the vacancy made by him pursuant to his transfer order has now been filled up by Anshu Singh and, consequently, the Joint Director was directed to take fresh instructions.;