Neutral Citation No. - 2025:AHC-LKO:36341 Court No. - 3 Case :- WRIT - A No. - 6920 of 2025 Petitioner :- Sushil Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Food And Civil Supplies Lko. And 3 Others Counsel for Petitioner :- Utsav Mishra Counsel for Respondent :- C.S.C.,Uma Shanker Shukla,Vaibhav Shukla Hon'ble Brij Raj Singh,J. 1. Supplementary affidavit filed on behalf of the petitioner today is taken on record. 2. Heard learned counsel for the petitioner, learned counsel for the private respondent, learned Standing counsel for the State- respondents and perused the record. 3. This writ petition has been filed with the following main reliefs: "I. To issue a writ, order or direction in the nature of Certiorari quashing the Impugned Order dated 15.6.2025 (wrongly mentioned as 15.6.2024) in so far as it pertains to the petitioner, copy whereof is contained as Annexure-1 to the instant Writ Petition. II. To issue a writ, order or direction in the nature of Certiorari quashing the Impugned consequential transfer Order dated 15.06.2025 (wrongly mentioned as 15.06.2024), in so far as it relates to posting of Respondent No. 4 in place of the Petitioner as Area Rationing Officer, Basti, copy whereof is already annexed as Annexure-1 to the instant Writ Petition. III. To issue a writ, order or direction in the nature of Certiorari quashing the Impugned joining letter, of Respondent No. 4 in place of the Petitioner as Area Rationing Officer, Basti, after summoning the original records of the same. IV. To issue a writ, order or direction in the nature of Mandamus commanding the Respondents to permit the Petitioner to continue to perform his duties on the post on which the Petitioner was working prior to the issuance of the Impugned transfer Order dated 15.06.2025 (wrongly mentioned as 15.06.2024), with continuity in service and all the consequential service benefits." 4. Learned counsel for the petitioner has submitted that the petitioner's younger son, Master Tejas Mishra, resides with his mother in Ayodhya, whereas the petitioner's elder son, Master Ojas Mishra, who is currently in the 10th standard, lives with the petitioner in Basti and attends Little Flowers' School, Basti. He has further submitted that the petitioner's son is currently studying in the 10th standard and approximately three months have passed since the commencement of the academic session/course. He has next submitted that the petitioner's transfer has been initiated in the mid of academic session and in case, he is transferred then his son will suffer. He has also placed reliance upon the judgement of the Apex Court rendered in the case of Director of School Education and othes Vs. O. Karuppa Thevan [1994 SCC Supp (2) 666] and also on the various orders of the co-ordinate Bench of this Court dated 2.8.2019 passed in Service Single No. 21105 of 2019 (Pradeep Kumar Vs. State of U.P. and others) and order dated 26.8.2022 passed in Writ-A No. 5397 of 2022 (Mrs. Priti Shukla Vs. State of U.P. and others). He has also given an undertaking in paragraph 4 of the supplementary affidavit, which has been filed today, that he will join at the place of transfer on 1.4.2026. 5. On the other hand, learned counsel for the private respondent has submitted that the transfer is a part of service and petitioner should join at the transfer place and there is no illegality in the transfer order, therefore, the petition is liable to be dismissed. 6. Learned Standing counsel has also submitted that the transfer order has been passed in the present session and the petitioner is under duty to join at the place of transfer, therefore, the petition is liable to be dismissed. 7. The fact remains that the petitioner's son is studying in 10th standard and three months have already passed and the Hon'ble Supreme Court in the case of Director of School Education (Supra) has taken note on the transfers initiated in the middle academic session and interference was made in the aforesaid case so far as the transfer is concerned. 8. In view of the aforesaid factual aspect, I am of the view that the petitioner's transfer is liable to be stayed till the end of academic session. 9. Since he has given undertaking that he will join at the transfer place on 1.4.2026, therefore, the transfer order dated 15.6.2024 is kept in abeyance till 30.3.2026. The petitioner will join at the place of transfer i.e. Gorakhpur on 1.4.2026. It is also directed that in case, State Government makes any arrangement to attach the petitioner/transfer in the District Basti itself, the same can also be done so that the son of the petitioner may not suffer. 10. With the aforesaid observations/directions, the writ petition is finally disposed off. [Brij Raj Singh, J.] Order Date :- 25.6.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench