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Judgment
Om Prakash VII, Member (J)
Shri Ashish Srivastava, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents, were present at the time of hearing on Stay Applications MA No. 240 of 2025 and MA No. 895 of 2025 filed on behalf of the applicant in subject OA No. 1490 of 2024.
The subject OA has been filed by the applicant challenging the posting order dated 19.12.2024 in respect of the applicant with further request that he may be permitted to continuously work under Military Hospital, Agra. Vide Stay Applications MA No. 240 of 2025 and MA No. 895 of 2025, the applicant seeks stay on the effect and operation of the impugned order dated 19.12.2024 in respect of the applicant with further prayer that he may be permitted to continue working in Military Hospital, Agra.
We have heard learned counsels for the parties and perused the documents on record.
Referring to the stay applications, learned counsel for the applicant submitted that the applicant who was working in the GP of Rs. 1900/- under Military Hospital, Agra, was declared surplus. The respondents in terms of Army Order No. 12/2020/MP-4 proceeded with for grant of alternative appointment to the applicant. A screening committee was constituted who has judged the suitability of the applicant for absorption to the post of SKCC within Military Hospital, Agra. A willingness of the applicant was also obtained, however, instead of absorption by respondent no. 4, the matter was referred to higher authorities.
Learned counsel for the applicant further argued that as per para 10 of the aforesaid army order, the surplus staff will first be considered by officer commanding for absorption in the same unit against the equivalent or lower post and if the individual is found suitable, he shall be absorbed on the basis of willingness given by him. It was further argued that all the requirements under para 10 of army order have been carried out and the applicant is waiting for absorption on the post of SKCC. On 19.12.2024, the posting order was issued by the respondent no. 1 and thereby the applicant has been transferred to Military Hospital, Meerut with remark that he has been declared surplus on adoption of amendment in PE and resulting one post of painter declared surplus in Military Hospital, Agra. Learned counsel further argued that when the applicant was already considered for the post of SKCC on the same grade pay, referring the matter to higher authority and further absorbing him at Military Hospital, Meerut was gross violation of the statutory provisions contained in para 10 of the army order. Thus, referring to entire facts and circumstances as averred above, learned counsel for the applicant prayed that the stay applications be allowed and effect and operation of the impugned order dated 19.12.2024 may be stayed in respect of the applicant and he may be permitted to continuing working under Military Hospital, Agra.
Learned counsel for the respondents vehemently opposed the prayer of the applicant and submitted that vide order dated 19.12.2024, the applicant has been transferred to Military Hospital, Meerut from Military Hospital, Agra. The aforesaid transfer has been enforced due to the fact that the applicant has been declared surplus on adoption of amendment in PE resulting in abolition of one post of Painter at Military Hospital, Agra. When the post on which the applicant was deployed has already been abolished, there remains no ground to allow the applicant to continue working under Military Hospital, Agra. Thus, prayer was made to reject the stay applications of the applicant.
We have considered the rival contentions and carefully gone through the records.
By way of the Stay Applications, the applicant is seeking stay on the effect and operation of the order dated 19.12.2024 in his respect to the extent that he prays to be permitted to continue working in Military Hospital, Agra.
The order dated 19.12.2024 which was issued for adjustment of employees who were declared surplus on adoption of amendment to the PE declared the transfer of five employees of the department including the applicant. It categorically records that the applicant is transferred from Military Hospital Agra, to Military Hospital, Meerut due to the reason that the applicant has been declared surplus and thereby one post of Painter on which the applicant was working stood abolished. When the post was abolished and the applicant was already declared as surplus at Military Hospital, Agra, no cause arises to stay the effect and operation of the aforesaid order at this stage to allow the applicant to continue working at MH, Agra.
Thus, in view of the aforesaid analysis, we are of the considered opinion that the prayer for interim relief of the applicant is liable to be rejected. Accordingly, Stay Applications MA No. 240 of 2025 and MA No. 895 of 2025 stand rejected.
The date already fixed in the matter is 25.03.2025 for completion of pleadings in the amended OA.