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2025 DAILYLAW 155216 (ALL)

KAUSHAL KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. TAX AND REGISTRATION LKO. AND 5 OTHERS

/8664/2025 · 2025-08-04

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44945 Court No. - 8 Case :- WRIT - A No. - 8664 of 2025 Petitioner :- Kaushal Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Tax And Registration Lko. And 5 Others Counsel for Petitioner :- Arun Kumar Shukla,Awantika Sharma Counsel for Respondent :- C.S.C. 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 has been transferred. 3. Learned counsel for petitioner submits that impugned order has been passed without considering the aspect of couple posting since petitioner's wife is also in Government service and opposite parties could have posted petitioner at her place of posting. 4. Learned State Counsel on the basis of instructions has refuted the submissions advanced by learned counsel for petitioner with submission that the impugned order is not a transfer order but order of posting after promotion and therefor the provision in paragraph- 5 of Government Order dated 06.05.2025 would be inapplicable. 5. In response thereto, learned counsel for petitioner submits that petitioner is not seeking benefit of Government Order dated 06.05.2025 but is only making a request for his posting even after promotion may be considered in the District where his spouse is currently posted. 6. Since considering petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file fresh representation before authority concerned who shall consider and decide the same expeditiously in accordance with law within a period of three weeks from filing of representation by petitioner along with a certified copy of this order. 7. With aforesaid direction, the petition stands finally disposed of. Order Date :- 4.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench