Neutral Citation No. - 2025:AHC-LKO:26296 Court No. - 3 Case :- WRIT - A No. - 4973 of 2025 Petitioner :- Amit Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Environment Forest. Climate Change Lko And 3 Others Counsel for Petitioner :- Surya Kant Singh,Shubham Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Verma Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Surya Kant Singh, learned counsel for the petitioner, Sri Pradeep Kumar Singh, learned Addl. C.S.C. for the opposite party no. 1 and Sri A.K. Verma, learned counsel for the opposite parties no. 2 and 3. 2. In view of the proposed order notice to opposite party no. 4 is dispensed with. 3. By means of this petition the petitioner has assailed the transfer order dated 24.5.2025 passed by opposite party no. 2 whereby the petitioner who is serving on the post of Environment Engineer has been transferred from Kanpur Nagar to Agra. Learned counsel has stated that on account of compelling circumstances the petitioner is unable to serve at Agra inasmuch as his wife is on maternity leave. She was transferred from Kannauj to Kanpur Nagar on 29.6.2024 on her own request for the reason that her husband i.e. the present petitioner is serving at Kanpur Nagar, the parents of the petitioner are critically ill and there is none in the family to look after them. 4. Therefore, learned counsel for the petitioner has requested that the impugned transfer order may be stayed and he may be permitted to discharge his duties at Kanpur Nagar. 5. Sri A.K. Verma, learned counsel for the opposite parties no. 2 to 4 has opposed the aforesaid request by submitting that the transfer is an exigency of service and the petitioner has been transferred to Agra on account of exigency of work. He has also submitted that the department is absolutely unaware of the fact that the petitioner has re-married and his second wife is on maternity leave inasmuch as the first wife of the petitioner died in Corona and the information of re-marriage has not been uploaded by the petitioner on the website of the department. 6. Attention has been drawn towards Annexure no. 14 which is a representation of the petitioner dated 26.4.2025 submitted before the opposite party no. 2. 7. Learned counsel for the petitioner has requested that direction may be issued to opposite party no. 2 to decide the aforesaid representation. 8. Be that as it may, since the transfer is an exigency of service, therefore, this may not be interfered in normal circumstances unless the transfer order is passed against the rules or by the authority who is not competent or there is any malice in law in such transfer order but none of those reasons are applicable in the present case. 9. However, without entering into the merits of the issue and without interfering the impugned transfer order dated 25.4.2025 the opposite party no. 2 is directed to dispose of the aforesaid representation dated 26.4.2025 strictly in accordance with law and also as per the policy applicable in the Department with expedition preferably within a period of two weeks from the date of production of certified copy of the order of this Court and decision thereof may be communicated to the petitioner forthwith. 10. In the meantime, the petitioner may submit his joining at the transferred place but such joining may not cause any prejudice to the petitioner inasmuch as the fresh decision, so taken by the opposite party no. 2 pursuant to the order of this Court would be applicable on the petitioner. 11. In view of above, writ petition is disposed of. [Rajesh Singh Chauhan, J.] Order Date :- 6.5.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench