RAJESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND ANOTHER
WRIA/4239/2025 · 2025-04-21
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133887 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133887 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22403 Court No. - 3 Case :- WRIT - A No. - 4239 of 2025 Petitioner :- Rajesh Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And Another Counsel for Petitioner :- Umesh Chandra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Umesh Chandra, learned counsel for the petitioner, Sri Nitin Mathur, learned Additional Chief Standing Counsel for State-opposite party no.1 and Sri Krishna Kumar Pandey, Advocate, who has filed his Vakalatnama on behalf of opposite party no.2.
2. The order under challenge is an order dated 08.03.2025, passed by Principal Secretary of the department in compliance of the order being passed by this Court dated 30.01.2025 in Writ A No.1303 of 2025.
3. Learned counsel for the petitioner has stated that the petitioner has got some reasonable difficulties in respect of his family and he being a physically handicapped person may be accommodated at Lucknow but he has been transferred from Lucknow to Shukla Ganj, Unnao after being promoted on the post of Junior Engineer.
4. Sri Nitin Mathur, learned Additional Chief Standing Counsel, has stated that since the petitioner was promoted on the post of Junior Engineer from Draftsman and at the time of his promotion there was no vacancy at Lucknow and he has rightly been sent to Shukla Ganj, Unnao on the post of Junior Engineer. As per Sri Mathur, there is no infirmity or illegality in the impugned order dated 08.03.2025, inasmuch as, the aforesaid order is a speaking and reasoned order.
5. Learned counsel for the petitioner has stated that since on account of compelling circumstances, the petitioner may be accommodated at Lucknow on the promotional post therefore, he is not pressing the prayers made in this petition and not challenging the order dated 08.03.2025 (Annexure-'2' to the writ petition) but, he may be given liberty to prefer a fresh representation to the competent authority in the forthcoming transfer session ventilating his grievances and if the grievance of the petitioner finds favour and strength, the same may be considered sympathetically.
6. Having considered the submissions of learned counsel for the petitioner, I hereby dispose off this writ petition
finally at the admission stage without interfering in the
order impugned dated 08.03.2025 giving liberty to the petitioner to prefer a fresh representation to the competent authority ventilating his grievance in forthcoming transfer session and if such a representation is preferred by the petitioner, the same may be considered and disposed off strictly in accordance with law and policy.
7. The writ petition is disposed of finally in terms of above.
Order Date :- 21.4.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench