RAJESH SINGH CHAUHAN,J. - (1.) Heard Sri Shobhit Mohan Shukla, learned counsel for the petitioner. Notices for the opposite parties have been accepted by the office of learned CSC.
(2.) At the outset, learned counsel for the petitioner has submitted that this Court in the identical cases has passed the order dated 13.8.2019 in Service Single No.18904 of 2019; Manju Lata v. State of U.P. and others and three other connected matters and since the present case is identical with the aforesaid cases, therefore, the present petitioner may be given the benefit of the judgment and order dated 13.8.2019 passed by this Court in re; Manju Lata (supra). For the convenience, the order dated 13.8.2019 is being reproduced herein below:- "Heard learned counsel for the parties. In all the aforesaid matters since the issue is same, therefore, these writ petitions are being decided by a common judgment and order. Precisely, the case of learned counsel for the petitioners is that all the petitioners are posted on the post of Staff Nurse at Baba Raghav Das State Medical College, Gorakhpur and have been transferred on their own request to various places i.e. the petitioner-Manju Lata from Baba Raghav Das State Medical College, Gorakhpur to Baba Saheb Dr. Bhimrao Ambedkar State Medical College and Associate Hospital, Kannauj, petitioner-Anupama Devi from Baba Raghav Das State Medical College, Gorakhpur to Baba Saheb Dr. Bhimrao Ambedkar State Medical College and Associate Hospital, Kannauj, petitioner-Sangeeta Sharma from Baba Raghav Das State Medical College, Gorakhpur to State Medical College, Azamgarh and the petitioner-Sanju Singh from Baba Raghav Das State Medical College, Gorakhpur to Baba Saheb Dr. Bhimrao Ambedkar State Medical College and Associate Hospital, Kannauj. Since the transfer of the petitioners was made on their personal request as their compassion was considered by the Competent Authority sympathetically, therefore, the petitioners have got right to be posted at their transferred place on account of their compassion as considered by the Competent Authority but on the same date i.e. 28.06.2019 their transfer orders have been cancelled on the ground that the petitioners are specially trained Staff Nurses and are able to handle the critical situation of encephalitis which affects the Gorakhpur seriously therefore their transfer orders have been cancelled to utilize their expertise.
(3.) On the first date of admission, the learned counsel for the petitioners submitted in a bonafide manner that however the compassion of the petitioners compells them to be posted at their transferred place but since they are aware that their expertise may be required at Gorakhpur so they were agreed to discharge their functions and duties of Staff Nurses at Gorakhpur for the period till the season of encephalitis i.e. Victor Born disease comes to an end. The period of that disease is from July to September but they can serve at Gorakhpur even upto October, 2019. Therefore, Sri Shobhit Mohan Shukla, learned counsel for the petitioners has requested that the direction may be issued to the Competent opposite parties to pass appropriate order that the petitioners shall serve at Gorakhpur upto October, 2019 as they may be treated to be attached at Baba Raghav Das State Medical College, Gorakhpur but thereafter they may be permitted to join at their transferred places so as to meet out their compassion. This Court directed the learned counsel for the State-respondents to take specific instructions on that point and may suggest the Competent Authority to pass the order to that effect which would suffice the ends of justice of the department viz-a-viz all the petitioners inasmuch as the submission of learned counsel for the petitioners is absolutely bonafide and also shows that the petitioners are ready to discharge their duties at Gorakhpur in a peculiar facts and circumstances. ;