- (1.) R. K. Mahajan, J. This order in writ petition No. 24151 of 1996 would also dis pose of writ petition No. 26134 of 1996, writ petition No. 26385 of 1996 and writ petition No. 26135 of 1996 as common question of law and facts are involved.
(2.) THE aforesaid writ petitions have been moved by the Provincial Medical Ser vice Association and also in individual capacity by the Doctors. In writ petition No. 26385 of 1996 filed by Dr. Jitendra Kumar Singh and another an additional point is involved i. e. his transfer was stayed on 1. 11. 1991 in writ petition No. Nil of 1991 (Annexure No. 4) to the writ petition ). The order dated 1. 11. 1991 is as under: "issue Notice. Until further orders of this Court the opera tion of order dated 31. 7. 1991 and 30. 7. 91 (an-nexures 1 and 2 to the writ petition) shall remain stayed. " Shri V. R. Upadhyay, learned coun sel for the petitioner has submitted that LBESHJrovincial Medical Service Association v. Commissioner, Azamgarh Mandal 209) unless the stay order is vacated the present transfer could not have been made.
(3.) THE brief facts in which all these writ petitions have arisen are that the Govern ment transferred the petitioners of different writ petitions who are Medical Officers Class-II in the Divisions by the Additional Director Medical Health with the approval of the Commissioner. THE scale of these Doctors is Rs. 2200 Rs. 4000. It is alleged that the grievance of petitioner is that at present the petitioners are working in the pay scale of' Rs. 3000/- Rs. 4,500/- (An-nexure No. 2) to the writ petition No. 26385 of 1996 and as such they could be trans ferred by the Director General with the ap proval of the Secretary, Medical Health and since this has not been complied with, the transfers of the petitioners are illegal and invalid. THEy have prayed for quashing of the transfers. THEre is also an allegation that the maximum quota allowed for transfer is 15% of the entire strength of the District and beyond it approval of the Governor is essential. THEre is also an allegation but which has not been pressed that they have been transferred on the ground that they are indulging in activities which are immoral and not in public interest. It may be men tioned that the chart Annexed i. e. Annexure No. 2 to the writ petition No. 24151 of 1996 shows the stay of the Doctors is 8 to 9 years except serial No. 5 Dr. Awdhesh Kumar whose stay is less than one year and whose transfer has been cancelled by the Govern ment and the Government was also fair to adjust the couple Dr. Awadhesh Kumar (petitioner No. 5) and Dr. Latika Viswas (petitioner No. 9) which names were deleted from array of parties with permis sion of Court. The respondents have filed counter-affidavit in writ petition No. 24151 of 1996 and a statement has been made by Sri S. G. Hasnain, Additional Chief Standing Coun sel that the same counter-affidavit be adopted in all the other writ petitions. The plea of the respondents as contained in paras No. 4 and 5 of the counter-affidavit it is that the Azamgarh Division consists of four districts, namely, Azamgarh, Jaunpur, Mau and Ballia. There are 510 Doctors working in different Primary Health Centres as well District Civil Hospital. It is an admitted case that these Doctors are in the grade of Rs. 2200/- Rs. 4000/- and their services have been recognised as Grade-II Medical Officer. It is also averred that there is policy decision that the Doctors who have completed more than five years satisfactory service are entitled to the Grade of Rs. 3000/- Rs. 5000/- in their personal capacity and they were granted of this scale but they remained as Grade-II Medical Officers in the post of ordinary grade. It is evident by the Government order dated 12. 7. 1996 (Annexure No. 1 to the writ petition ). Since the Doctors were in Class-II and the Government gave them the next scale after completion office years satisfactory service, so the powers of the Additional Director, Medical Health and Family Planning, Azamgarh have not been taken away at all. It is also averred that according to clause Kha of the Government Policy dated 12. 7. 1996 the Doctors who have completed more than seven years they are liable to be transferred from one District to another District within their region and only sixty-seven Doctors have transferred and the per centage comes to 13. 4% and which is within the prescribed limit of 15%. In view of the these facts the action of the Government has been justified.;