Neutral Citation No. - 2025:AHC-LKO:37122 Court No. - 18 Case :- WRIT - A No. - 6977 of 2025 Petitioner :- Atul Tripathi Respondent :- State Of U.P. Thru. Its Prin. Secy. Medical Education Lko. And 4 Others Counsel for Petitioner :- Anurag Srivastava Counsel for Respondent :- C.S.C.,Dinesh Kumar Srivastava,Syed Mohammad Haider Rizv Hon'ble Manish Mathur,J. (C.M. Application No. NIL of 2025-Application for Intervener) An application as intervener has been filed on behalf of one Brijesh Yadav, which is allowed in view of Chapter XXII, Rule 5 A of the High Court Rules. (Order on Petition) 1. Heard learned counsel for petitioner, learned State Counsel for respondent nos. 1, 3, 4 and 5, Mr. Syed Mohammad Haider Rizvi, learned counsel for respondent no. 2, and Mr. Avnish Kumar Shukla, learned counsel appearing on behalf of one Brijesh Yadav in terms of Chapter XXII, Rule 5 A of the High Court Rules. 2. Petition is being filed challenging the order dated 14.06.2025 whereby the petitioner employed on the post of Personal Assistant Grade-2 has been transferred from Ambedkar Nagar to Meerut with said Brijesh Yadav having been transferred in his place. 3. Learned counsel for petitioner submits that the impugned transfer order has been passed on the mala-fide basis and is also against the provisions of transfer policy notified by Government Order dated 06.05.2025. It is submitted that earlier on the basis of complaint made by one Saroj Yadav daughter of Raja Ram Yadav the petitioner was visited with minor penalty vide order dated 09.09.2022, which was set aside in appeal vide order dated 21.07.2023, but against which one Ram Daur Yadav filed Writ-C No. 6850 of 2024, which was disposed of vide order dated 09.08.2024 granting liberty to the authority concerned to proceed afresh in accordance with law against the petitioner. It is submitted that in pursuance thereof, the petitioner was exonerated vide order dated 07.03.2025 but upon another complaint being made, the impugned transfer order has been passed. 4. It is submitted that the said complainant has also filed a caveat petition before this Court with regard to the impugned transfer order. It is therefore, submitted that the petitioner has been transferred as a measure of punishment, which cannot be a ground for transfer of a government employee. It is also submitted that the issue is pending consideration before the Director General in terms of letter dated 17.06.2025 forwarded by the Principal, Government Medical College, Ambedkar Nagar particularly in view of the fact that said Mr. Brijesh Yadav, who has been posted in place of petitioner by means of impugned order had also made a request that transfer order may not be effected. The final decision is yet awaited at the end of Director General. 5. Learned State Counsel as well as learned counsel appearing for Brijesh Yadav have refuted the submissions advanced by learned counsel for petitioner with the submissions that impugned transfer order has been effected as a measure of administrative exercise and not as a measure of mala-fide. It is also submitted that said Mr. Brijesh Yadav has already joined in pursuance of the impugned order. It is admitted that no final decision has been taken by the Director General till date in pursuance of letter dated 17.06.2025. 6. In view of aforesaid facts and circumstances, particularly the aspect that the dispute is still pending consideration before respondent no. 2 i.e., Director General, Medical Education & Training U.P. 6th Floor, Jawahar Bhawan, Lucknow, the said authority is directed to take a decision on the aforesaid aspect expeditiously within a period of ten days from the date a certified copy of this order is submitted before him. 7. Till the decision is taken by the respondent no. 2 i.e., Director General, Medical Education & Training U.P. 6th Floor, Jawahar Bhawan, Lucknow no coercive action shall be taken against the petitioner against the petitioner joining in pursuance of impugned transfer order. 8. With the aforesaid direction, this petition stands disposed of. Order Date :- 2.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench