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2025 DAILYLAW 120718 (ALL)

RAJESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOUSING URBAN PLANNING LKO AND ANOTHER

WRIA/1303/2025 · 2025-01-30

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6282 Court No. - 5 Case :- WRIT - A No. - 1303 of 2025 Petitioner :- Rajesh Kumar Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Housing Urban Planning Lko And Another Counsel for Petitioner :- Brijesh Kumar Singh,Raghvendra Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents-State. Vakalatnama filed by Shri K.K. Pandey, Advocate on behalf of respondent No.2 is taken on record. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of. 3. Under challenge are the transfer order dated 16.07.2024 and the relieving order dated 24.01.2025, copies of which are Annexure-1 & 2 to the petition respectively. 4. By means of the order impugned dated 16.07.2024, the petitioner has been posted to Unnao, Shuklaganj. 5. By means of the order dated 24.01.2025, the petitioner has already been relieved. 6. Contention of the learned counsel for the petitioner is that the petitioner is continuing to work in Lucknow itself. The petitioner is 50% physically handicapped person as per the handicap certificate, a copy of which is Annexure-6 to the petition. 7. Learned counsel for the petitioner places reliance on the Government Order dated 11.06.2024, a copy of which is Annexure-3 to the petition, which provides that ordinarily handicapped persons and those persons who are at the fag end of their service, should not be transferred. Contention is that the petitioner is to retire on 31.08.2026 consequently he would be entitled to the benefit of the aforesaid Government Order. 8. Learned counsel for the petitioner submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent no.1 which may be directed to be decided within a fixed time frame to which learned Standing Counsel has no objection. 9. In view of the above, it is provided that in case the petitioner submits a representation within a week from today before the respondent no.1 then the respondent no.1 shall endevour to decide the same by means of a reasoned and speaking order within a further period of three weeks from the date of receipt of a certified copy of this order along with representation. 10. With the aforesaid direction, writ petition is disposed of. 11. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 30.1.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench