JUDGEMENT
MANISH MATHUR,J. -
(1.) Heard Sri Shobhit Mohan Shukla learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.
(2.) The petitioner has challenged order dated 28th June, 2019 cancelling transfer order pertaining to petitioner dated 28th June, 2019 whereby petitioner had been transferred on the post of Staff Nurse from Medical College, Gorakhpur to Medical college, Azamgarh.
The learned counsel for petitioner submits that a number of petitions had been filed challenging the order dated 28th June, 2019 in which writ petition No. 18904 (S/S) of 2019; Manju Lata versus State of U.P. and others was disposed of by means of judgment and order dated 13th August, 2019. The operative portion of aforesaid order is as follows:-
"Heard learned counsel for the parties.
(3.) 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. ;
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