VINAY KANT v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH FAMILY WELFARE DEPTT. U.P. GOVT. LKO. AND 2 OTHERS
WRIA/1090/2025 · 2025-01-28
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119965 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5367 Court No. - 6 Case :- WRIT - A No. - 1090 of 2025 Petitioner :- Vinay Kant Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health Family Welfare Deptt. U.P. Govt. Lko. And 2 Others Counsel for Petitioner :- Anurag Narain Srivastava,Shailendra Kumar Misra Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Anurag Narain Srivastava, learned counsel for petitioner as well as learned Standing Counsel for respondents.
2. The grievance raised by the petitioner in the present writ petition is with regard to the order dated 28.06.2024 wherein the petitioner has been transferred from Office of Chief Medical Superintendent , Mohanlal Gautam Rajkiya Mahila Chikitsalya, Aligarh to RFPTC, Meerut.
3. It has been submitted by learned counsel for petitioner that petitioner who is working as Head Assistant in the Office of Chief Medical Superintendent, Mohanlal Gautam Rajkiya Mahila Chikitsalya, Aligarh is going to retire on 28.02.2026 and 13 months service is left. He fairly submits that since the date of his joining the petitioner has never been transferred out of Aligarh and this is the first time time after the service of more than three decades, the petitioner has been transferred to Meerut.
4. It is stated that as per transfer policy of 2024-2025 a person has two years left for his retirement is liable to be posted either in his home district or near his home district and consequently in the aforesaid circumstances, assail the impugned order of transfer.
5. Learned Standing Counsel on the other hand has submitted that the order of transfer was passed in June, 2024 and even according to the petitioner he has been relieved on 30.12.2024 and the present writ petition has been filed belatedly and his transfer order has been duly complied with and therefore no cause of action subsists in the present case.
6. Considering the aforesaid facts and specially that the petitioner has continued to work in Aligarh for his entire service
period which fact is not disputed by the petitioner and the said
order was passed in June, 2024 and the petitioner kept on working on the said post without any demur and he has approached this Court only after he has been relieved on
30.12.2024.
7. Accordingly, once the transfer order has exhausted itself and the petitioner has been relieved, this Court does not find any ground for interfering the said order of transfer. The grievance if any in this regard can be adequately addressed by making a representation to the competent authority who may consider the grievance of the petitioner.
8. For the aforesaid circumstances, specially considering the fact that the petitioner was transferred more than 6 months prior, it would be fitness of thing that he is directed to join immediately within next seven days from today to the transferred place of posting and in case he joins within next seven days, liberty is given to him to mvoe an appropriate application for redressaal of his grievances against the order of transfer to respondent No. 2 / Director Administration Medcial & Health, Service, Lucknow who is directed to further consider and decide the case of the petitioner expeditiously, say, within a period of three weeks from the date of receipt of the representation and pass necessary orders in accordance with law.
9. Subject to aforesaid, the writ petition stands dismissed. (Alok Mathur, J.)
Order Date :- 28.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench