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Neutral Citation No. - 2025:AHC:36648 Court No. - 4 Case :- WRIT - A No. - 15633 of 2024 Petitioner :- Sunil Kumar Gupta Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Deepak Kumar Kulshrestha,Yogendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Maqsood Ahmad Beg,Sanjeev Singh Hon'ble Ajit Kumar,J.
1. Heard Shri Yogendra Kumar Srivastava, learned Advocate appearing for petitioner, Shri Sanjeev Sinah and Shri Maqsood Ahmad Beg, learned Advocates appearing for respondent No. 5 and learned Standing Counsel. 2. Petitioner is aggrieved by the transfer order dated 30.06.2024 whereby he has been transferred to District Pratapgarh instead of district Agra for which he had put up a choice. 3. It is submitted by learned counsel appearing for petitioner that since Pratapgarh was never his choice therefore, the remark given in front of the transfer of the petitioner is absolutely incorrect. 4. Learned Standing Counsel has obtained instructions in the matter and as per which petitioner has not joint district Pratapgarh till date and his whereabouts are not know since March, 2024. 5. In the given facts and circumstances of the case where the petitioner is working on a transferable post, even if the transfer has been wrongly done, the duty of the transferred employee is to first join the place of transfer and then make a representation, unless he approaches the Court and the Court grants interim protection before reliving order is issued. 6. In these circumstances, therefore, in the first instance, I direct the petitioner to give his joining at Pratapgarh on or before
17.03.2025. In the event he reports for joining on or before 17.03.2025 at Pratapgarh, the concerned competent authority shall permit him joining. Petitioner would be submitting joining in writing. In the event petitioner joins, no coercive action shall be taken against the petitioner for the period he had not reported for joining, however, payment of salary for the said period will depend upon the reasons to be explained by the petitioner in writing after he joins. 7. After submitting joining petitioner shall be making representation within two weeks before the competent authority for transfer to Agra. In the event there is a post available at Agra, petitioner's representation shall be sympathetically considered and appropriate orders shall be passed thereupon within a further period of three weeks. 8. The writ petition, thus, stands disposed of accordingly.
Order Date :- 12.3.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad