Neutral Citation No. - 2025:AHC:929 Court No. - 5 Case :- WRIT - A No. - 17901 of 2024 Petitioner :- Ashutosh Mishra Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Ramesh Chandra Tiwari,Sr. Advocate Counsel for Respondent :- Abhishek Srivastava,Adarsh Bhushan,C.S.C.,Manoj Kumar Srivastava Hon'ble Ajay Bhanot,J. Heard Shri Ramesh Chandra Tiwari, learned counsel for the petitioner, Shri Abhishek Srivastava, learned counsel for the respondent no.2, Shri Adarsh Bhushan, learned counsel assisted by Shri Ajay Kumar Patel, learned counsel for the respondent no. 3 and Shri Manoj Kumar Srivastava, learned counsel for the respondent nos. 4, 5, 6. The petitioner was appointed as an Assistant Engineer (IT) under E&M cadre. E&M cadre has several categories of Engineers namely Assistant Engineer along with Assistant Engineer (IT), Assistant Engineer (Electrical), Assistant Engineer (Electronics & Telecommunication) and Assistant Engineer (Computer Science). By the impugned order of transfer dated 24.08.2024 the petitioner was transferred from Prayagraj to Varanasi. The petitioner assailed the said order of transfer by instituting Writ A No. 13359 of 2024 (Ashutosh Mishra Vs. State of U.P.). The writ petition was disposed of with the following directions: "7. Be that as it may, this petition stands disposed of at this stage with direction to the petitioner to make a representation against the transfer order before the competent authority, namely, respondent no.6 raising all his grievances including medical issues within one week from today and in the event any such representation is made, respondent no.6 will consider and dispose of the same positively within two weeks' time. 8. Until such disposal or within a period of four weeks whichever is earlier, petitioner shall not be relieved to join at Varanasi pursuant to the order of transfer dated 24.08.2024. It is also expected that the respondent no.6 shall give positive and sympathetic consideration to the grievance of the petitioner to hold him back at Prayagraj looking to the health condition of members of his family." By the impugned order dated 06.11.2024 the petitioner's representation has been rejected. Firstly the impugned order has rejected the medical exigency ground raised by the petitioner, and has opined that adequate medical facilities are available at Varanasi i.e. his new place of posting. Secondly the impugned order has been made in pursuance of the circular letter dated 08.07.2024 with the avowed object "to better utilize their qualification and IT skill sets and to ensure that they are deployed in alignment with their recruitment purpose, all AE (IT) should be deployed at IT Unit, Discom HQ so that they can do the work related to IT and their talent is not wasted in non-IT works." Clearly the transfer of the petitioner is in public interest. It is claimed on behalf of the petitioner that the recitals in the impugned order to the effect that the petitioner belongs to the I.T. cadre is incorrect. Shri Adarsh Bhushan, learned counsel for the petitioner does not dispute this fact. He fairly submits that the reallocation of the cadre of the petitioner shall be done as per the circular dated 24.07.2023. The respondents shall ensure that the cadre of the petitioner is not changed without adopting the procedure in the applicable circular. There is no cause for interference in the order of transfer. The petitioner is directed to forthwith join new place of posting, failing which the respondents shall take appropriate disciplinary proceedings against the petitioner as per law. The writ petition is disposed of with the above directions. Order Date :- 3.1.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad