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2025 DAILYLAW 149087 (ALL)

AWADH KISHOR RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

WRIA/7020/2025 · 2025-07-01

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37068 Court No. - 18 Case :- WRIT - A No. - 7020 of 2025 Petitioner :- Awadh Kishor Rai Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Satendra Nath Rai 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 13th June, 2025 whereby petitioner who is employed on the post of Fire Service Driver has been transferred from district Varanasi to district Ghazipur. 3. It has been submitted that earlier as well petitioner has been posted in district Ghazipur since 2017 till 2024 and was posted in district Varanasi by means of order dated 4th July, 2024 on compassionate basis and has been re-transferred to district Ghazipur within a period of one year. 4. It is submitted that that impugned order is also against the provisions of paragraph 5 of the government order dated 6th May, 2025 whereby it has been indicated that spouses in government service should ordinarily be posted in same district and since petitioner's wife is currently in government service in district Varanasi, such a factor was required to be taken into consideration. 5. For the aforesaid grievance, petitioner has already submitted a representation to the authorities concerned but seeks liberty to file a fresh representation. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same. 6. Considering innocuous prayer being made by learned counsel for petitioner and that factual aspects would be requiring consideration, liberty is granted to petitioner to file a fresh representation within a period of three days from today before opposite party No. 2 i.e. Director General U.P. Fire and Emergency Service, Lucknow, U.P. In case such a representation is filed, the same shall be considered and decided by the said authority within period of two weeks from the date of its receipt. It is also provided that till final decision of the petitioner's representation, the operation of impugned order dated 13th June, 2025 shall be kept in abeyance. 7. The petition stands disposed of. Order Date :- 1.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench