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2025 DAILYLAW 120186 (ALL)

SATISH KUMAR YADAV v. STATE OF U.P. THRU. THE PRIN. SECY. BAL VIKAS EVAM PUSHTAAHAR AND 3 OTHERS

WRIA/1169/2025 · 2025-02-24

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11618 Court No. - 6 Case :- WRIT - A No. - 1169 of 2025 Petitioner :- Satish Kumar Yadav Respondent :- State Of U.P. Thru. The Prin. Secy. Bal Vikas Evam Pushtaahar And 3 Others Counsel for Petitioner :- Pawan Kumar Pandey,Ram Narain Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. It has been submitted by learned counsel for petitioner that that the petitioner is working on the post of Head Assistant in Bal Vikas Sewa and Pushtahar Vibhag, Mainpuri and had made a request for transfer to Raebareli considering the fact that his wife is working as Assistant Teacher in Primary School Bhaon, Block Rahi, District Raebareli. The petitioner has two minor children studying in Class VII and Class XI. His father is suffering from Cancer and is under treatment in All India Institute of Medical Sciences, Munshiganj, Raebareli. 3. It is further submitted that the representation of the petitioner has been rejected solely on the ground that as per the policy only 10% of the cadre strength can be transferred in the transfer sessions 2024-25, which has been exhausted. 4. Prima facie, it seems that the respondents have not taken into account the difficulties faced by the petitioner and it is incumbent for the employer to look into the difficulties faced by the petitioner and it is hoped that in ordinary course this Court does not interfere in matter pertaining to transfer and leaves it to the discretion of the authorities concerned. The discretion is vested in authorities is to be exercised judiciously on case to case basis after due consideration of the grievance raised by the employees. 5. On the basis of written instructions, learned Standing Counsel has informed that there are total eleven posts in Raebareli, out of which one post is vacant and the petitioner can be consider against the said post. 6. In light of the above, considering the peculiar circumstances where the father is suffering from Cancer and is receiving treatment at All India Institute of Medical Sciecnes, Munshiganj, Raebareli. Let the case of the petitioner be considered by the Director, Bal Vikas Sewa Evam Pushtaahar, U.P., Lucknow appropriately and pass order for posting of the petitioner at Raebareli. Let the said exercise be conducted within three weeks from the date a certified copy of order is produced before him, 7. With the aforesaid directions, the writ petition is allowed. The impugned order dated 07.11.2024 is set aside. [Alok Mathur,J.] Order Date :- 24.2.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench