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2025 DAILYLAW 147626 (ALL)

MEENAKSHI GUPTA v. UNION OF INDIA THRU. SECY. MINISTRY CONSUMER AFFAIRS FOOD PUBLIC NEW DELHI AND 5 OTHERS

WRIA/6912/2025 · 2025-06-26

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36486 Court No. - 3 Case :- WRIT - A No. - 6912 of 2025 Petitioner :- Meenakshi Gupta Respondent :- Union Of India Thru. Secy. Ministry Consumer Affairs Food Public New Delhi And 5 Others Counsel for Petitioner :- Prashant Kumar,Sarvesh Kumar Tiwari,Satish Gulati Counsel for Respondent :- A.S.G.I.,Anurag Verma Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner, Sri Anurag Verma, learned counsel appearing for opposite parties no.2 to 6 and Sri Krishna Lal Yadav, learned counsel who has filed power on behalf of opposite party no.1, which is taken on record and perused the record. 2. Supplementary affidavit filed today is taken on record. 3. Learned counsel for the petitioner submits that petitioner has challenged the impugned transfer order on the ground that her husband is posted as an I.P.S. Officer in the State of U.P and she has two children; one is 10 years old and the other one is 2 years old. He further submits that Comprehensive Transfer Policy Guidelines for employees of the Food Corporation of India have been issued for transfer of the employees of the Food Corporation of India and as per the transfer policy, the ground of spouse should have been considered, but the same has not been considered and the petitioner has been transferred ignoring the aforesaid policy guidelines. He also submits that petitioner in this regard has moved representations on 24.01.2025 and 30.05.2025, but no decision has been taken on the said representation as yet. 4. On the other hand, Sri Anurag Verma, learned counsel for opposite parties no.2 to 6 has submitted that petitioner is posted in the region for more than ten years and she has to join at the transferred place as she has no legal right. He further submits that petitioner has been relieved vide order dated 05.06.2025. However, learned counsel for the petitioner has submitted that relieving order has been issued in absentia. 5. Sri Anurag Verma, learned counsel for opposite parties no.2 to 6 further submits that the policy itself indicates that petitioner can be transferred subject to the Comprehensive Transfer Policy guidelines and there is no legal right to claim that she should be posted at a particular place of her choice. 6. Be that as it may, after considering the facts and circumstances of the case and without entering into the merits of the case, opposite party no.3 is directed to decide the representation of the petitioner dated 30.05.2025 (Annexure-2) within three weeks from the date of production of a certified copy of this order. Till the decision is taken on the representation of the petitioner, no coercive measures shall be adopted against her. All the pleas are open for the petitioner and she may also file a fresh representation and the same shall be decided along with the pending representation. 7. With the aforesaid observation/direction, writ petition is disposed of. . (Brij Raj Singh, J.) Order Date :- 26.6.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench