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2025 DAILYLAW 100191 (ALL)

VINOD KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIA/14641/2025 · 2025-09-24

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14641 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Neeraj Singh, learned counsel for petitioner and Sri M.M. Sahai, learned counsel for respondents. 2. Petitioner is transferred from Azamgarh Region to Gorakhpur Region. 3. Learned counsel for petitioner submits that petitioner is a President of a recognized Union, therefore, in terms of Clause 12 of applicable transfer policy, he may not be transferred atleast for two years. 4. Petitioner became President of Union on 18.03.2024, therefore, he has already enjoyed his Presidentship for more than one and half years. Otherwise also, aforesaid clause of transfer policy is not a mandatory provision rather it has to follow “as far as possible”. 5. The other argument of learned counsel for petitioner is that petitioner is going to retire within two and half years, therefore, also he may not be transferred. However, relevant clause of transfer policy provided period two years left for retirement and otherwise also it is to follow “as far as possible”. Therefore, on both grounds no case of interference is made out. 6. Petitioner is on medical leave, therefore, in case his medical leave is not approved, he shall join at transferred place within one week. Any fresh representation, so far as reconsideration of transfer is concerned, shall be considered only after petitioner joins at transferred place. 7. The writ petition is accordingly dismissed. September 25, 2025 AK Versus Counsel for Petitioner(s) : Neeraj Singh, Varun Shukla Counsel for Respondent(s) : C.S.C., Mritunjay Mohan Sahai (Saurabh Shyam Shamshery,J.) Vinod Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad