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2025 DAILYLAW 118400 (ALL)

MOHD. MUZAFFAR SIDDIQUE v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. ENERGY AND ADDL. SOURCE ENERGY LKO. AND 4 OTHERS

WRIA/739/2025 · 2025-01-23

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4388 Court No. - 5 Case :- WRIT - A No. - 739 of 2025 Petitioner :- Mohd. Muzaffar Siddique Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Energy And Addl. Source Energy Lko. And 4 Others Counsel for Petitioner :- Mohd. Tabrez Iqbal,Khushnuma Bano Counsel for Respondent :- C.S.C.,Amarjeet Singh Rakhra,Neerav Chitravanshi Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Piyush Kishore, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel for the respondents no. 2 & 3 and Sri Vasu Aditiya, Advocate holding brief of Sri Amarjeet Singh Rakhra, learned counsel for the respondents no. 4 & 5. With the consent of learned counsel for the parties, the instant writ petition is being finally decided. Instant writ petition has been filed praying for a mandamus commanding the respondents to consider the transfer of the petitioner to district Jhansi or any other nearby place in terms of paragraph 5 (iv) of the annual transfer policy 2024-25 dated 11.06.2024 and guideline no. 18 dated 07.06.2023 which provides for transfer of employees whose children are mentally or physically disabled. Contention is that the petitioner's son is suffering from 75 percent permanent disability as per disability certificate dated 23.05.2023 which has been issued by the Chief Medical Officer, Jhansi, a copy of which is annexure 1 to the writ petition. Based upon the same, the petitioner has prayed for his transfer vide his representation dated 14.06.2024, a copy of which is annexure 7 to the writ petition for his transfer to Jhanshi or any other nearby place which is still pending for consideration before the respondent no. 2 and hence the petition. Sri Piyush Kishore, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel for the respondents no. 2 & 3 states that an endevour would be made to decide the said representation of the petitioner in accordance with law and the relevant guidelines within a period of four weeks from the date of receipt of a certified copy of this order. The aforesaid statement of Sri Piyush Kishore, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel for the respondents no. 2 & 3 is recorded and the writ petition is consigned to record. Order Date :- 23.1.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench