Neutral Citation No. - 2025:AHC:45867 Court No. - 4 Case :- WRIT - A No. - 19008 of 2024 Petitioner :- Satya Narayan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Mr. Seemant Singh, learned counsel for the petitioner and Mr. Rahul Malviya, learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order of transfer and posting dated 09.08.2024, whereby he has been transferred as Assistant Accounts Officer from district Fatehpur to the Office of District Development Officer, Balrampur. 3. It is contended on behalf of the petitioner that even though the petitioner had already continued at an aspirational district prior to his posting but after promotion made on 5th August, 2024 on the post of Assistant Account Officer, he came to be posted at district Balarampur, which was an aspirational district whereas petitioner ought to have been given posting in any non-aspirational district. He further submits that no other Officer, who remained posted previously at aspirational district has been posted on promotion again to an aspirational district. According to him, from the entire list of transfer and posting dated 09.08.2022, it is writ large on the face of record. He further submits that in case of posting in an aspirational district while a person is given fresh posting, may be, on promotion then as per policy that continued since 16th January, 2023, option should have been invited, which has not been done. It is also submitted that in four non aspirational districts like Prayagraj, Mirzapur, Bhadohi and Kaushambi, the post of Account Officer exists, petitioner can be accommodated. It is submitted that as per the prevalent Government policy as on date, the posting in a non aspirational district can be maximum for two years. 4. Per contra, it is argued by learned Standing that the petitioner has been given posting in the aspirational district but on account of fact that there was no Officer posted as Assistant Accounts Officer, he has been transferred to district Balrampur. It is further argued that as per instruction, while a person is given posting from one place to another place after promotion, no option is required to be asked. He further submits that the petitioner has shown his gross indiscipline in not joining the given posting at Balrampur ever since 09.08.2024. 5. Meeting the above submissions advanced, learned counsel for the petitioner submits that he has not been relieved from his previous place of posting at Fatehpur till date. 6. In the given facts and circumstances, when the petitioner has already been promoted, either the petitioner forgoes promotion and he wants to continue at the previous place of posting, he may be directed to continue and may be asked to furnish his option for his next transfer to a non aspirational district or in the event, the petitioner decides to join at the transferred place, i.e., in the Office of District Development Officer, Balrampur pursuant to the order of posting dated 09.08.2022, he should join the Office first and then petitioner's counsel submits that petitioner would go with promotion. Accordingly, petitioner is directed to join the post at Balrampur within a period of two weeks from today and thereafter submit his representation before the Competent Authority, namely, respondent no. 1 and in the event, petitioner makes such a representation then considering the fact that the petitioner continued to remain at an aspirational district, i.e., Fatehpur since 2008, his claim for transfer and posting to a non aspirational district, would be accorded sympathetic consideration and appropriate order will be passed, if otherwise there is available vacancy in non aspirational district. The appropriate decision in this regard shall be taken by the Competent Authority, namely, respondent no. 1 within a maximum period of one month from the date of presentation of certified copy of this order along with representation, as directed to be made hereinabove. 7. With the aforesaid observations, the petition stands disposed of. Order Date :- 2.4.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad