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2025 DAILYLAW 123740 (ALL)

RAM SAGAR MISHRA PNO. 872358849 v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 5 OTHERS

WRIA/1927/2025 · 2025-02-24

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11682 Court No. - 6 Case :- WRIT - A No. - 1927 of 2025 Petitioner :- Ram Sagar Mishra Pno. 872358849 Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 5 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri M.P. Raju, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. By means of present writ petition, the petitioner has submitted that the petitioner who is working on the post of Sub- Inspector was transferred by means of order dated 26.05.2023 from Hardoi to Kanpur. 3. Despite the transfer order having been passed in May, 2023, no efforts were made by the respondents to relieve the petitioner so as to enable him to join at the transferred place of posting after more than one and half years of the order of transfer. The petitioner has been relieved without any notice or order and he has been directed to join at the transferred place of posting. 4. This Court finds substance in the arguments made by the petitioner that the order of transfer are complied expeditiously after passing of the same and the government servant is to relieve from his charge which he is holding to enable him to join at the transferred place of posting. It is never the intention or purpose of order of transfer that despite the order of transfer having been passed that the government servant would continue to work at his original place of posting. This is also keeping in mind the fact that the transfer order is passed in public interest looking into the fact that considering the exigency of service, his services are required at the transferred place of posting. 5. Accordingly, such orders deserve to be complied with at the earliest and in no circumstance can such persons allowed to be retained for more than one year without there being relieved in case the person is not to be relieved and it has been decided to allow him to continue at the original place of posting, it is always open of the respondents to annul the order of transfer and whenever in future need arises a fresh order can always be passed but once an order has been passed it cannot be kept in abeyance for a long length of time. For the aforesaid reasons, the matter requires consideration. 6. Learned Standing Counsel has received written instructions in the matter and submits that relieving order of the petitioner has been set aside. 7. Accordingly, in light of the aforesaid, no further directions are required to be passed by this Court. However, it is left open for the respondents in case they wish to transfer the petitioner from his current place of posting, they may pass a fresh order in accordance with law. 8. In view of the above, the writ petition stands disposed of. (Alok Mathur, J.) Order Date :- 24.2.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench