Neutral Citation No. - 2025:AHC-LKO:41710 Court No. - 18 Case :- WRIT - A No. - 7798 of 2025 Petitioner :- Vishal Azad Respondent :- State Of U.P. Thru. Prin. Secy. P.W.D. Lko. And 6 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and Sri Shailendra Kumar Singh, learned Chief Standing Counsel assisted by Sri Uttam Kumar, learned State Counsel for opposite parties. 2. Supplementary affidavit filed today is taken on record. 3. Petition has been filed challenging order dated 15.05.2025 and relieving dated 16.05.2025. 4. Apart from other aspects and submissions made by learned counsel for petitioner, which pertain to administrative exigencies, which this Court is not entering into, it has been submitted that petitioner's son is studying in Class-XII for the academic year 2025-2026 in CMS Academy, Moradabad and his studies would therefore be adversely affected in case impugned order is given effect to. The documents pertaining to certificate issued by the aforesaid Academy has been brought on record as annexure no.10. 5. He has also placed reliance on judgment of this Court in the case of Madhubala vs. State of U.P. and others, Writ-A No.20 of 2025 which was upheld in Special Appeal No. 41 of 2025 and Special Appeal No. 7392 of 2025 there against has also been rejected vide order dated 20.03.2025. 6. Learned State counsel has been provided written instructions and on that basis submits that petitioner has been posted more than nine years in the same district and therefore transfer order has been passed in the exigencies of administration. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that petitioner's son is currently studying in Class-XII in Academy indicated hereinabove for the academic session 2025- 2026 and the aforesaid aspect has already been considered in the case of Madhubala (supra) as well as by Hon'ble Supreme Court in the case of Director of School Education, Madras and others vs. O. Karuppa Thevan and another, 1994 Supp (2) SCC 666. 8. 8. In view thereof, particularly in view of judgment rendered by Hon'ble Supreme Court, the impugned orders dated 15.05.2025 and 16.05.2025 so far as relates to petitioner shall remain in abeyance till passing of fresh orders pertaining to relieving of petitioner after the Board Examinations of Class XII are over. 9. The petitioner shall give an undertaking to the opposite party no. 7 i.e. Executive Engineer, Public Works Department, Lucknow within a period of two weeks from today to the effect that he shall join at the transferred place of posting immediately upon conclusion of the last examination of his son i.e. preferably by the end of May, 2026 without any demur. It is also provided that once the Board Examinations are over, petitioner shall join at the transferred place without raising any further dispute. 10. With aforesaid directions, petition stands disposed of. Order Date :- 22.7.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench