Neutral Citation No. - 2025:AHC-LKO:4310 Court No. - 6 Case :- WRIT - A No. - 543 of 2025 Petitioner :- Ashok Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Madhyamika Shiksha Anubhag Lko. And 4 Others Counsel for Petitioner :- Alok Sharma,Arun Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Alok Sharma, learned counsel for the petitioner as well as learned Standing counsel for the respondents. 2. It has been submitted that the petitioner while posted at Lucknow was eligible and was granted promotion to the post of Head Assistant on 9.7.2015 and along with his promotion he was transferred to Bareilly. However, the petitioner had decided to decline the promotion and chose to continue as Senior Assistant at Lucknow. Again on March 15, 2017, orders were passed for promotion of the petitioner and transferring him as Head Assistant and posting him to Allahabad but again the petitioner requested and decided to forego the promotion and continued to work at Lucknow. 3. It has been submitted on behalf of the petitioner that the petitioner was serving as Senior Assistant at 67th U.P. Battalion NCC (Group C), Lucknow and vide impugned order dated 28th June, 2024 the petitioner was transferred to Gorakhpur. Aggrieved of the said transfer the petitioner approached this court by filing Writ A No.5765 of 2024 which was disposed of by means of order dated 30.7.2024 directing the petitioner to move a fresh representation against his order of transfer and the competent authority was directed to dispose of the same by a reasoned and speaking order within a period of fifteen days from the date of production of a certified copy of the order. It was further provided that till the period of 21 days or till disposal of the representation whichever is earlier, no coercive step may be taken against him. 4. The petitioner again approached this Court by filing Writ A No.8613 of 2024 which was disposed of by this Court vide order dated 26.9.2024 with direction to the petitioner to submit his joining at the transferred place of posting and thereafter prefer fresh representation to the competent authority taking all the pleas and grounds which are available to him, within a period of ten days indicating his bonafide grievance and, on the the other hand, the competent authority was directed to consider and decide his representation by a speaking and reasoned order within a period of three weeks. 5. Despite the aforesaid two orders having been passed the petitioner chose not to comply with the direction of the writ Court dated 26.9.2024 and has not joined at Gorakhpur and has approached this Court by filing the present writ petition. 6. In the meanwhile, the representation of the petitioner has been rejected stating that he has been posted in Lucknow for 21 years and in this regard the petitioner has not joined at the transferred place of posting and consequently his representation cannot be considered in as much as the petitioner himself has committed gross violation of the orders of this Court. The said order has been assailed by the petitioner in the present writ petition. 7. The grievance of the petitioner is that he should be permitted to join as Head Assistant at the transferred place of posting. It is noticed that the petitioner again and again forgone his promotions on two occasions which were offered on 9.7.2015 as well as 15.3.2017. Firstly he was promoted vide order dated 9.7.2015 and posted at Bareilly and lastly on 15.3.2017 he was promoted and posted at Allahabad and again he chose not to comply with the direction and continued at Lucknow. On 27.7.2012 he was again transferred at the promoted post at Padrauna. On the fourth time again on 30th June, 2022 he was promoted and posted at Ballia. 8. Accordingly, we find that it is clear that the respondents have repeatedly transferred the petitioner on the promotional post but he has voluntarily declined to accept the promotion. In the aforesaid circumstances, the impugned order has been passed transferring the petitioner to the post of Senior Assistant at Gorakhpur. We do not find any representation or intention of the petitioner to join at the promoted post which is evident from various instances recorded above where the petitioner himself has declined to join at the promoted post. In view of the aforesaid circumstances, we do not find any infirmity in the impugned order of transfer of the petitioner to Gorakhpur. 9. Even otherwise, we find that this Court had interfered with the grievance of petitioner on previous occasions and by order passed in writ A No.8613 of 2024 the petitioner was directed to join at the transferred place and subsequently the respondents were directed to consider the grievance of the petitioner in this regard. The petitioner chose not to comply with the directions of this Court and till date he has not joined at the transferred place of posting and accordingly we do not find any ground for interference or exercise the discretion in favour of the petitioner. 10. However, we reiterate the finding of this Court vide judgment and order dated 26.9.2024 passed in writ A No.8613 of 2024 that in case the petitioner joins at the transferred place within next one week, the case pertaining to his grant of promotional post of Head Assistant may be considered by the competent authority only if the petitioner complies with the previous directions of this Court dated 26.9.2024. 11. Subject to aforesaid observations, the petition stands dismissed. (Alok Mathur, J.) Order Date :- 22.1.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench