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2025 DAILYLAW 155180 (ALL)

MOID AHMAD v. STATE OF U.P. THRU. PRIN. SECY. ENERGY LKO. AND 4 OTHERS

WRIA/8523/2025 · 2025-08-07

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46234 Court No. - 4 Case :- WRIT - A No. - 8523 of 2025 Petitioner :- Moid Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Energy Lko. And 4 Others Counsel for Petitioner :- Vashu Deo Mishra,S.K. Mishra Nagraha Counsel for Respondent :- C.S.C.,Neerav Chitravanshi,Ran Vijay Singh Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1, Sri Piyush Kishore holding brief of Sri Neerav Chitravanshi, learned counsel for respondent no.2, and Sri Ran Vijay Singh, learned counsel for respondents no.3 to 5. 2. The facts of the case have already been set forth in detail in the order dated 31.07.2025. For the sake of convenience, the order dated 31.07.2025 is reproduced below:- "Heard. Contention of learned counsel for the petitioner is that the petitioner who is working assistant, a clerical staff vide order dated 15.06.2025, a copy of which is annexure 4 to the writ petition had been transferred from Ambedkar Nagar to Bareilly which is from one division to other division. Placing reliance on an order dated 11.09.2018, a copy of which is annexure 6 to the writ petition, the contention is that the respondents themselves have specifically directed that the clerical staff should not be transferred outside the division as it adversely affects their seniority. Subsequent thereto, while issuing the office order dated 03.06.2019, a copy of which is annexure 7 to the writ petition it has been indicated that the transfer can be made from one district to the other yet the earlier circular which restricts a transfer of a clerical cadre employee from one division to the other still continues to subsist as of date. However, in total disregard of the same, the order impugned was passed. Upon the petitioner raising his grievance by means of his representation dated which is directed to be decided by this Court vide judgment and order dated 02.07.2025 in Writ-A No. 6966 of 2025, the respondents have rejected the representation of the petitioner vide order dated 22.07.2025, a copy of which is annexure 1 to the writ petition. Learned counsel for the respondents prays for and is granted three days time to seek instructions as to once the respondents themselves have passed orders of not transferring the clerical staff outside the division as to how the petitioner has been transferred outside the division. List this case in the next week as fresh. Till then, no coercive action shall be taken against the petitioner in pursuance to the impugned transfer order." 3. Today, Sri Ran Vijay Singh, learned counsel for respondents no.3 to 5, on the basis of instructions sent by the competent officer of respondent no.3 dated 04.08.2025 states that the seniority of the petitioner is not going to be affected in any manner. 4. The aforesaid statement of Sri Singh is recorded. 5. At this stage, learned counsel for the petitioner states that he would not like to press the writ petition and prays that the same may be dismissed as withdrawn with liberty to the petitioner to submit a representation to the competent authority i.e. respondent no.3 for redressal of his grievance and that the respondent no.3 be directed to consider and decide the said representation expeditiously. 6. To the aforesaid prayer, learned counsel for the respondents have no objection. 7. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid. 8. However, it is provided that the petitioner will submit his joining at the transferred place and thereafter may submit his representation for redressal of his grievance. In case such a representation is made after submitting his joining then the competent authority shall proceed to decide the same in accordance with law and rules expeditiously. Order Date :- 7.8.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench