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2025 DAILYLAW 149020 (ALL)

DR. NIRMALA DEVI DIN v. STATE OF U.P. THRU. ITS PRIN. SECY. AYUSH DEPTT. AND 3 OTHERS

WRIA/7023/2025 · 2025-07-03

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37398 Court No. - 18 Case :- WRIT - A No. - 7023 of 2025 Petitioner :- Dr. Nirmala Devi Din Respondent :- State Of U.P. Thru. Its Prin. Secy. Ayush Deptt. And 3 Others Counsel for Petitioner :- Virendra Kumar Tripathi,Prabhat Kumar Srivastava,Shamsher Ali Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 15.06.2025 whereby petitioner has been transferred from District Raebareli to District Unnao in public interest. 3. It has been submitted that impugned order has been passed against provisions of paragraph-5 of the Government Order dated 06.05.2025 inasmuch as petitioner has been recently elected President of the Union for District Raebareli in the elections held on 26.11.2024 and information with regard to same was also forwarded by Secretary of the Union to the Chief Medical Officer, Raebareli vide letter dated 26.11.2024. It is, therefore, submitted that since petitioner is currently the President of the Union, she would be exempted in the annual transfer policy in terms of aforesaid paragraph. 4. Mr. Jogendra Nath Verma, learned State Counsel has been provided written instructions dated 02.07.2025 by the Director, Ayurved Services, which are taken on record, indicating that as per information available, the post of President of the Union for District Raebareli is vacant and that petitioner has not been elected as President of the Union. 5. Since disputed questions of fact are involved in the present writ petition, liberty is granted to petitioner to file a fresh representation against the transfer before opposite party no.3 i.e. Director, Ayurved Services, U.P., Lucknow within a period of three days from today. In case any such representation is preferred seeking benefit of paragraph-12 of the Government Order dated 06.05.2025 as well as the ground of disability, the same shall be dealt with on its merits expeditiously within a period of ten days' thereafter. 6. With the aforesaid directions, petition stands disposed of. Order Date :- 3.7.2025/Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench