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2025 DAILYLAW 147409 (ALL)

HEAD CONST. AP PNO 840601072 v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

WRIA/6897/2025 · 2025-06-25

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36387 Court No. - 3 Case :- WRIT - A No. - 6897 of 2025 Petitioner :- Head Const. Ap Pno 840601072 Krishna Kewal Dwivedi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Ambey Prasad Tiwari,Ashish Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State and perused the record. 2. By means of present writ petition, the petitioner has assailed the impugned transfer order dated 13.06.2023 passed by the opposite party no.3, whereby he has been transferred from Gonda to Sitapur and impugned consequential relieving order dated 10.06.2025 passed by the opposite party no.4. 3. Learned counsel for the petitioner submits that pursuant to the transfer order dated 13.06.2023, the petitioner has been relieved on 10.06.2025 after about two years and now only seven months are left in the superannuation of the petitioner. In terms of the transfer policy, the employee, who is going to retire within two years, may be posted at the place of his/her choice. 4. It is also submitted that there is a long gap between passing of the transfer order dated 13.06.2023 and relieving order dated 10.06.2025. In this regard, learned counsel for the petitioner has placed reliance on the judgement of this Court passed on 12.06.2025 in Writ-A No.6816 of 2025, which has dealt with the aforesaid controversy. 5. Learned Standing Counsel has opposed the writ petition and submitted that the petitioner is holding a transferable post, therefore, he is under duty bound to join at his transferred post. 6. In view of the aforesaid facts and circumstances of the case, the impugned orders are hereby quashed so far it relates to the petitioner and the petitioner is directed to move a representation before the opposite party no.3 within a week from today along with a certified copy of this order and the same shall be considered and decided by the opposite party no.3 by passing a reasoned and speaking order in view of the observations made above within three weeks thereafter. 7. 7. It is provided that till the decision is taken on the representation moved by the petitioner as provided above or till four weeks, whichever is earlier, the petitioner shall not be relieved from his present place of posting. It is made clear that if the petitioner does not submit his representation within the time specified, then the benefit of this order shall not be available to him. 8. With the aforesaid observations/directions, instant writ petition is partly allowed. (Brij Raj Singh,J.) Order Date :- 25.6.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench