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2025 DAILYLAW 153874 (ALL)

GAYATRI DEVI MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF WOMEN WELFARE LKO. AND ANOTHER

WRIA/8226/2025 · 2025-08-01

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44757 Court No. - 18 Case :- WRIT - A No. - 8226 of 2025 Petitioner :- Gayatri Devi Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Women Welfare Lko. And Another Counsel for Petitioner :- Dharm Raj Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for petitioner and learned State Counsel for opposite parties. Petition has been filed challenging order dated 15th June, 2025 whereby petitioner holding post of Nursery Teacher has been transferred from Lucknow to Mathura. Twin ground of challenge raised by learned counsel for petitioner are that there is no such post available in the Rajkiya Bal Grih (Balika) Mathura where she has been transferred and that since petitioner has merely three years to superannuate, in terms of government order dated 6th May, 2025, an option may be sought from her with regard to choice posting. Learned State Counsel has been provided written instructions dated 31st July, 2025 a copy of which is taken on record and as per which, the place where the petitioner has been posted has two sanctioned posts of Nursery Teachers with one of them being vacant and in view of directions issued by the Juvenile Justice Committee of this Court, all such posts are required to be filled up expeditiously and it is in terms of such directions, the petitioner has been transferred. It is also indicated that petitioner has been at her current place of posting for the past 20 years. It is also submitted that since petitioner does not come within purview of being superannuated within two years, the aforesaid provision of the government order would also be inapplicable. Considering aforesaid facts and circumstances, this Court does not find any arbitrariness in the transfer order. Consequently the petition fails and is dismissed. Parties to bear their own cost. Order Date :- 1.8.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench