RAM BABOO v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 4 OTHERS
/8623/2025 · 2025-09-12
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155210 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155210 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 8623 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 13.06.2025 whereby petitioner was posted in District Bareilly. Also under challenge is order dated 10.07.2025 whereby representation against aforesaid posting preferred by petitioner's wife has been rejected. 3. From a perusal of impugned order dated 10.07.2025, it is evident that petitioner has been posted in pursuance of his promotion vide order dated 15.01.2025. The order therefore states that petitioner's case is not of transfer but of his posting after promotion. 4. Learned counsel for petitioner does not dispute aforesaid aspect but submits that as a consequence of his promotional order in January, 2025, he was retained in District Lucknow and continued as such till passing of impugned order. He has adverted to the fact that petitioner's daughter Shaurya Kaushik is a student of Class X for Academic Session 2025-26 and would be required to take her final examination some time in March, 2026 and petitioner's posting would disrupt her studies. It is submitted that his other daughter, Sanya Kaushik is also a student of B.Sc. in I.T. College, Lucknow and her studies as well would be hampered in case petitioner is required to vacate his Government accommodation. 5. It is also submitted that in pursuance thereof, petitioner has Versus Counsel for Petitioner(s) : Arun Kumar Shukla, Brijendra Kumar Singh Counsel for Respondent(s) : C.S.C. Ram Baboo .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 4 Others .....Respondent(s)
already submitted a representation dated 13.06.2025. 6. At present, learned counsel for petitioner restricts prayer for decision on representation of petitioner. 7. Considering the facts and circumstances, liberty is granted to petitioner to file fresh representation before opposite party no.4 i.e. Additional Commissioner, (Administration) State Tax U.P., Lucknow or any other competent authority with regard to retention of his accommodation till Academic Session is over. The representation shall be preferred by petitioner within a period of one week from today and shall be decided by competent authority within a period of three weeks thereafter.
It is provided that till final decision on petitioner's representation regarding retention of Government Accommodation till the Academic Session is over, petitioner shall not be evicted from the Government accommodation currently under his possession. 8. With aforesaid direction, the petition stands finally disposed of. September 12, 2025 kvg/- WRIA No. 8623 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench