Radhey Shayam Dubey vs Director Homoeopathic College U.P.Lucknow & Ors.

A.B. Srivastava, J.—Heard learned Counsel for the petitioner Shri R.G. Padia and Shri Padia and the learned Standing ''Counsel Shri S.K. Srivastava.

The petitioner by means of this writ petition has sought quashing of an order dated 2761992 contained in AnnexureII to the writ petition passed by respondent No. 1 Director (Homoepathic, Colleges U.P. Lucknow transferring the petitioner from Rajkiya Durgaji Homoeopathic Medical College Azamgarh to Rajkiya Mohan Homoeopathic Medical College Lucknow, on the post of Stenographer.

The petitioner was appointed Stenographer in Rajkiya Durgaji Homoeopathic Medical College Azamgarh in 1977 i.e. before the provincialisation of the private Homoeopathic Colleges. He claims to have been placed in the lower pay scale of the post of stenographer and made representations for awarding higher scale from the respondents. The Private Homoeopathic Colleges in the State of U.P. were provincialised by means of the U.P. Act 21 of 1981 published in the Government Gazette, dated 24101981. The petitioner contends that although there is no post of stenographer in any Homoeopathic Medical College outside Azamgarh, he has been transferred by the respondent No. 1 by the impugned order, dated 2761992 to Homoeopathic Medical College Lucknow. The said order is stated to be arbitrary and violative of Articles 14 and 16 of the Constitution.

The contention in the writ petition is that the pay scale of Stenographers has been revised w.e.f. 111986 to Rs. 1200/2040 and the same is admissible to the petitioner. The impugned transfer order, it is alleged is perfectly valid as it has been done with a view to provide nonteaching staff to the various Medical Colleges in the State.

The contention on behalf of the petitioner raised by his learned Counsel that the transfer is bad because there did not exist a post of Stenographer in the Homoeopathic Medical College at Lucknow need hardly detain in us in view of the fact that, the transfer order itself shows that post in the prescribed scale of pay stand transferred in respect of all nonteaching personnel transferred all over U.P. by the impugned order. The petitioner, thus will continue to hold the post of Stenographer in the scale of pay admissible to him under the rules.

The next plea about lack of power with State respondents to transfer an employee of the Homoeopathic Medical Colleges from one place to another is also without substance, insofar as Section 6 of U.P. Act No. 21 of 1981 is not relevant in this regard, whereas Section 4 of the Act clearly grants power to the State Government to direct teachers and other employees of such colleges to be transferred from one College to another.

For all above reasons, the impugned order of transfer does not suffer from any illegality nor is violative of Articles 14 and 16 of the Constitution of India.

The writ petition is accordingly dismissed. The interim order dated 2741992 is hereby recalled.

There shall be no order as to costs.