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2025 DAILYLAW 102139 (ALL)

PRAMOD RAI v. STATE OF U.P. AND 4 OTHERS

WRIA/14838/2025 · 2025-09-25

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14838 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has assailed the order of transfer dated 15.06.2025 and consequential order dated 08.09.2025 passed in violation of the transfer policy dated 06.05.2025, 15.12.2003 and 28.01.2005. 3. It is submitted by learned counsel for the petitioner that as mentioned in the judgment of this Court in the case of Jitendra Kumar v. State of U.P. and another passed in Special Appeal No.- 564 of 2024 decided on 5th June, 2024 every transfer is to be made strictly in accordance with the transfer policy. He submits that petitioner's son is 60% physically handicapped, so petitioner ought to have been exempted from routine transfer. 4. Learned Standing Counsel on the contrary submits that since the petitioner has been transferred in administrative exigency and he is working on transferable post so he should not have any grievance. However, he is not averse to the order to be passed on the representation of the petitioner. Versus Counsel for Petitioner(s) : Divya Jyoti, Pratyush Srivastava Counsel for Respondent(s) : C.S.C. Pramod Rai .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. In view of the above, this petition stands disposed of with direction to the petitioner to make representation regarding his claim within a period of two weeks from today before the competent authority which shall be looked into and considered and shall also be decided as expeditiously as possible preferably within a further period of four weeks in terms of the transfer policy dated 06.05.2025, 15.12.2003 & 28.01.2005. 6. It is further provided that for a period of two months or till decision is taken, petitioner shall not be relieved pursuant to transfer order, if not already relieved. September 26, 2025 Virendra WRIA No. 14838 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad