Sudhir Agarwal, J. - (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. The Medical Superintendent, Mahoba, consequently, relieved petitioner (first petition) vide order dated 7.6.2013 whereafter he submitted joining at Deoria on 10.6.2013. Chief Medical Officer, Deoria (hereinafter referred to as "CMO, Deoria"), however, declined to accept petitioner's joining, vide order dated 18.7.2913, on the ground that there is no vacancy of Laboratory Assistant (Rural) under him and therefore, petitioner should report to Director General, Medical and Health Services, U.P. Lucknow. Assailing this order dated 18.7.2013 passed by CMO, Deoria, petitioner Vinod Kumar Jaiswal came to this Court. While hearing first petition, at admission stage, on 3.9.2013, this Court passed following order: 1. The petitioner was transferred by Director General Medical and Health Service, U.P., Lucknow vide order dated 29.5.2013 by posting him under Chief Medical Officer, Deoria from his erstwhile office of Chief Medical Officer, Mahoba. By means of impugned order dated 18.7.2013 the Chief Medical Officer, Deoria has informed petitioner that there is no vacancy on which he can be allowed to take over charge and, therefore, he should report back or to approach the Director General himself for proper posting. 2. It is really strange that either the Director General himself is not aware as to how many posts are available under different Chief Medical Officer's office and how many vacant and he is passing mindless transfer orders or the Chief Medical Officers are playing some mischief. Let the Director, Medical and Health Service, U.P., Lucknow shall file his personal affidavit giving details as to how many posts are existing, how many kept vacant and in what manner he could pass an order transferring petitioner to a place where, as stated by respondent No. 3, there is no vacancy at all. This affidavit shall be filed by respondent No. 2 within ten days. Besides, the respondent No. 2 shall also provide relevant record of transfer of petitioner subject -matter of present writ petition and other through an officer not below the rank of Additional Director, Medical and Health Services, U.P., Lucknow. 3. List this matter on 17.9.2013.
(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.;