RAM GOPAL v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. LKO. AND 3 OTHERS
WRIA/4703/2025 · 2025-04-29
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137398 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137398 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24473 Court No. - 3 Case :- WRIT - A No. - 4703 of 2025 Petitioner :- Ram Gopal Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Indrapal Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Indra Pal Singh, learned counsel for the petitioner, Sri Ashutosh Mishra, learned Standing Counsel for the State- respondent, Sri Ran Vijay Singh, learned counsel for the opposite party No.2 and Sri Shailendra Singh Rajawat, learned counsel for the opposite party Nos.3 and 4.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(I) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 07.04.2025, so far as it relates to transfer/ posting of the petitioner, passed by the opposite party No.3, as contained in Annexure No.1 to this writ petition. (II) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.3 to allow the petitioner to continue to work on his post of Assistant Teacher at Primary School, Pathkhauli, Block-Lambhua, District-Sultanpur. (III) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.3 to decide the representation of the petitioner dated 19.04.2025, as contained in Annexure No.5 to this writ petition."
3. At the very outset, learned counsel for the petitioner has informed that this is a transfer of the petitioner within the Block and the impugned transfer order is an outcome of the punishment imposed upon the petitioner which provides that if any punishment order is passed against any Teacher, he/ she shall be transferred to another place. The punishment order has not been assailed.
4. Be that as it may, since the impugned transfer order is an
order transferring the petitioner within a Block and transfer is an exigency of service, therefore, such transfer order may not be interfered. Besides, if the transfer order has been passed
pursuant to the Government Order, which provides that a person shall be shifted to any other place after any punishment
order is passed, so this is another ground not to interfere with the impugned transfer order inasmuch as the petitioner has been shifted from one Institution to another Institution in the same Block after the punishment order has been passed against him.
5. Accordingly, the instant writ petition is dismissed being misconceived.
6. It is always open for the petitioner to approach the Competent Authority for redressal of his bonafide grievance. . [Rajesh Singh Chauhan,J.]
Order Date :- 29.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench