OM SHANKAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF BASIC EDUCATION LKO. AND 3 OTHERS
WRIA/1992/2024 · 2025-07-18
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127819 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127819 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41325 Court No. - 5 Case :- WRIT - A No. - 1992 of 2024 Petitioner :- Om Shankar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Education Lko. And 3 Others Counsel for Petitioner :- Utkarsh Misra,Abhishek Counsel for Respondent :- C.S.C.,Uday Veer Singh Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, Shri G. K. Singh, learned Standing Counsel for the respondents no. 1, 2 & 4 and Dr Uday Veer Singh, learned counsel for the respondent no. 3.
2. Under challenge are the orders dated 08.09.2023 and 06.09.2023, copies of which are annexures 1 and 12 to the writ petition.
3. Vide order dated 06.09.2023 recommendation has been made with regard to the petitioner and vide order dated 08.09.2023 the petitioner has been directed to do the teaching work in some other institution.
4. Learned counsel for the respondents admit that the order dated 08.09.2023 could not have validly been passed in as much as the same would not fall within the ambit of being transfer
order.
5. Perusal of the order impugned would also indicate that the petitioner has also been asked to discharge duties in some other institution without being formally transferred.
6. Keeping in view the aforesaid discussion, the writ petition is allowed. The orders impugned dated 08.09.2023 and 06.09.2023, copies of which are annexures 1 and 12 to the writ petition, are quashed.
7. However, it would be open for the competent authority to pass fresh order in accordance with law.
Order Date :- 18.7.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench