PAWAN KUMAR v. THE STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 3 OTHERS
WRIA/7893/2025 · 2025-08-19
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152278 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152278 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48501 Court No. - 4 Case :- WRIT - A No. - 7893 of 2025 Petitioner :- Pawan Kumar Respondent :- The State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 3 Others Counsel for Petitioner :- Sandeep Kumar Ojha,Dilip Kumar Verma,Hari Prasad Gupta,Pawan Kumar Dubey,Smt. Manisha Singh Counsel for Respondent :- C.S.C.,Dhirendra Kumar Sharma Hon'ble Abdul Moin,J. Heard learned counsel for petitioner, learned Standing Counsel appearing on behalf of the respondents no. 1 & 2 and Sri Dhirendra Kumar Sharma, Advocate who has filed his Vakalatnama on behalf of the respondent no. 3 which is taken on record. With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of. Under challenge is transfer order dated 04.07.2025, a copy of which is annexure no.1 to the petition passed by the State-Government whereby the petitioner has been transferred from district Nagar Nigam, Ghaziabad to Nagar Nigam, Gorakhpur.
Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance.
Learned counsel for the petitioner has also submitted that pursuant to the transfer order, the petitioner has submitted his joining being a disciplined employee, but his bona fide grievance is still persisting, therefore, he may be given liberty to prefer a fresh representation to the competent authority and direction may issued to consider and dispose of the said representation with expedition. The Hon'ble Apex Court in the case of S.C.Saxena Vs. Union of India reported in 2006 (9) SCC 583, has held that if any employee submits his joining at the transferred place and prefers a representation, the same shall be considered and
disposed off. Therefore, in view of the said dictum of the Apex Court, liberty is given to the petitioner to prefer a fresh representation to the competent authority i.e opposite party no. 1 ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of two weeks from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order
in accordance with law with expedition preferably, within a period of six weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. The writ petition is disposed off.
Order Date :- 19.8.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench