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2025 DAILYLAW 153910 (ALL)

RAMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ LKO. AND 3 OTHERS

WRIA/8207/2025 · 2025-07-28

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43344 Court No. - 18 Case :- WRIT - A No. - 8207 of 2025 Petitioner :- Ramesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Lko. And 3 Others Counsel for Petitioner :- Avadhesh Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the petitioner and Mr. Sudhanshu Tripathi, learned State Counsel of the opposite parties. 2. Petition has been filed challenging transfer order dated 29.5.2025 whereby petitioner while working on the post of Sweeper has been transferred from Village- Samuda to Village Asti in Block -Ram Nagar, District- Ambedkar Nagar. Also under challenge is order dated 18.7.2025 rejecting petitioner's representation. 3. It has been submitted that earlier as well the petitioner had filed Writ -A No. 7066 of 2025 which was disposed of vide order dated 3.7.2025 directing concerned authorities to decide petitioner's representation, in pursuance of which impugned order has been passed. 4. It is submitted that opposite parties have lost sight of the fact that petitioner had specifically indicated the adverse medical condition of his father as of the said and the fact that petitioner has been transferred 8 times in 16 years. It is also submitted that the place of transfer is more than 25 kilometers from his residence. 5. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with submission that the impugned order itself indicates that place of transfer is only 16 kilometers from petitioner's residence and 3 kilometers from the present place of posting. It is submitted that petitioner does not have any vested right to continue to be posted in his present place of posting. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, this Court is not entering into the factual aspect with regard to distance of place of transfer from petitioner's residence. It is also evident that representation has been made only on mercy grounds of adverse medical condition of petitioner's father as well as himself. 7. However, it appears that impugned order is not in violation of any rule or statutory provision. Transfer is exigency of service. The petitioner does not have any right of being posted at any particular place. It is also evident that transfer has been effected within the same block in the district. 8. In view thereof, this Court does not find any occasion to grant indulgence. The petition is dismissed at the admission stage. The parties to bear their own cost. Order Date :- 28.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench