Allahabad HC stays transfer order of disabled Surgeon

Allahabad:  Allahabad High Court has stayed the transfer order of a disabled surgeon which sent him from posting in Kanpur to Unnao and directing the Uttar Pradesh government to decide in accordance with the law to address the issues of the petitioner. 

The stay order was given by a single judge bench of Justice Alok Mathur in response to a petition filed by the doctor, identified as Prashant Mishra, reports the India Legal Live.

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The transfer order dated 30.06.2022 transferred the petitioner from UHC Hospital, Kanpur Nagar to District Hospital, Hamirpur as Senior Consultant (Surgeon). The counsel for the petitioner submitted that the petitioner is qualified in M/s General Surgery and selected, appointed in Government Hospital Kanpur Dehat on 13th February 2000. The doctor was subsequently transferred from Kanpur Dehat to Unnao in the year 2017 and further promoted as Joint Director on 24th November 2011. 

Further, it was submitted that the petitioner is suffering from Locomotor Disability and the diagnosis revealed that the Post Laminectomy L1, L2, L3 Post Spine D10 to L1 Protrusion C4/5, C5/6, C6/7 Patients with Decreased Spinal Movements and Muscular Weakness Both Lower Limb Grade 4.4+/5 and due to that 50% permanent disability is there affecting his left leg and right leg and on 08.04.2022 the Disability Certificate issued. 

As per the Disability certificate issued by District Handicapped Board under chief Medical Officer, Kanpur Nagar, the doctor is reported to be having 50% permanent disability. The counsel submitted that the order of transfer violates the transfer policy dated 15.06.2022 and violates Clause 5 of the said policy which states that handicapped employees or the employees whose family is handicapped should not be transferred and they should be exempted from transfer except in the cases of serious complaint but in the case, the petitioner who is disabled, has not been considered in the light of the same.

Further, the council sought the court to direct the respondents to look into the petitioners' grievances and pass appropriate orders accordingly, reports the India Legal Live. 

The court, subsequently, without looking at the merits of the case, disposed of the writ petition allowing the petitioner to make a representation to the Director General, Medical & Health Department, Government of Uttar Pradesh, Lucknow. The latter has been directed to consider and decide the same expeditiously within two weeks by reasoned and speaking order by law and communicate the decision to the petitioner. 

Finally, the court ordered that no coercive action should be taken against the petitioner till the Director General decides on the petitioners' grievances. 

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