HEAD CONST. AP PNO 860601182 RAM PRAKASH SAHNI (B. TROOP) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
WRIA/6816/2025 · 2025-06-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146224 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146224 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35421 Court No. - 2 Case :- WRIT - A No. - 6816 of 2025 Petitioner :- Head Const. Ap Pno 860601182 Ram Prakash Sahni (B. Troop) Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Sudhir Kumar Misra,Anupam Shukla,Dr. Sandeep Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J.
1. Heard Sri Anupam Shukla, learned counsel for the petitioner and Sri Amar Nath Singh Baghel, learned Standing Counsel for the State.
2. By means of the present petition, the petitioner has prayed the following reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned
order of transfer dated 13.06.2023 with regards the petitioner, who place at Serial No.406 in the transfer list as well as the impugned consequential order for Relieving dated 31.05.2025 in which he placed at Serial No.03 in the list issued by Respondent No.3, a copy of which is annexed herewith as Annexure-1 and 2 to this writ petition. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondents to allow the petitioner to continue discharging his duties on the present place of posting in 30th Battalion PAC at Gonda, under the office of Respondent No.4."
3. Learned counsel for the petitioner has stated that pursuant to the transfer order dated 13.06.2023, the petitioner has been relieved on 31.05.2025. He has further stated that this has been a consistent view of this Court that if there is inordinate delay in relieving an employee pursuant to the transfer, the transfer order would lose its efficacy. In the present case, the authorities have relieved the petitioner after about 24 months from the date of impugned transfer order.
4. Learned counsel for the petitioner has further submitted that the petition is to retire within a period of 24 months, therefore, in terms of transfer policy, he may be retained at the place of his choice of posting.
5. Learned Standing Counsel has, however, submitted that he has no instructions in the matter but he could not dispute the aforesaid contention on the basis of material available on record.
6. Considering the fact that the petitioner is being relieved after about 24 months and the imminent retirement of the petitioner on 01.05.2027 i.e. within a period of one year eleven months, the impugned order is apparently unjustified, therefore, the same is hereby quashed. The petitioner shall be allowed to continue his post on the present place of posting till his retirement subject to his work and conduct being satisfactory.
7. The writ petition is allowed in the aforesaid terms.
Order Date :- 12.6.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench