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2025 DAILYLAW 148148 (ALL)

AMIT SINGH PAL v. STATE OF U.P. THRU. ITS PRIN. SECY. HANDLOOM AND TEXTILES LKO. AND 6 OTHERS

WRIA/6944/2025 · 2025-06-25

Brij Raj Singh

body2025

Judgment text

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Court No. - 3 Case :- WRIT - A No. - 6944 of 2025 Petitioner :- Amit Singh Pal Respondent :- State Of U.P. Thru. Its Prin. Secy. Handloom And Textiles Lko. And 6 Others Counsel for Petitioner :- Ghaus Beg Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. In view of the order proposed to be passed, issuance of notice to respondent no. 7 is dispensed with. The petitioner is aggrieved by the transfer order dated 15.06.2025 passed by opposite party no.2 whereby the petitioner has been transferred from Zone Lucknow to Zone Prayagraj which is in violation of the Government Order dated 06.05.2025. He has drawn attention of this Court towards the Transfer Policy for the year 2025- 26 dated 06.05.2025 towards Para 2 (i) (iii) and Para 5 (iii) and has submitted that wife of the petitioner is working as the Sales Tax Officer at Lucknow. He has further submitted that similarly situated persons namely Smt. Kusum working for more than 12 years, Shri Arvind Kumar Singh, Shri Arun Kumar Kureel, Shri Ashwani Kumar Singh and Shri Devendra Kumar who are working on the same post for more than three years are retained but the petitioner has been transferred though he is working as Assistant Commissioner from one year. Learned counsel for the petitioner submitted that the State has to follow its own policy which has been framed. Learned counsel has relied upon the judgment of this Court passed in Special Appeal No.564 of 2024 ( Jitendra Singh vs. State of U.P. and another). The relevant Para no.6 has been quoted below : "6. Learned Single Judge also erred in law when he held in the order that the transfer policy is only directory in nature and therefore, it did not bind the officials who were passing the order impugned in the writ petition. We are of the view that when there is a Government Order/Transfer Policy of the State then there is a legitimate expectation of the employee that the advantages which flowed from the Government Order would be made applicable to that employee. Definitely as per the law laid down in A.L. Kalra (supra), a Government Order had a binding force on the Authority which had issued it and which was taking advantage of it." Learned Standing Counsel for the State has opposed and has submitted that the petitioner is holding transferable post therefore, he has to join at the transferred place. Considering the request of the counsel for the petitioner and without entering into the merits of the case, this writ petition is finally disposed of with liberty to the petitioner to file a fresh representation along with a certified copy of this order, taking all pleas available to him, before the Commissioner, Kanpur- respondent no.2 herein, within one week from today. In case such a representation is made, the respondent no.2 shall consider and decide the same strictly in accordance with law within a maximum period of three weeks from the date the representation is made to him. Till the disposal of the representation or for the period of four weeks, whichever is earlier, the impugned transfer order dated 15.06.2025 passed by respondent no. 2 shall be kept in abeyance. Order Date :- 25.6.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench