DHIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES LKO. AND 2 OTHERS
WRIA/8819/2025 · 2025-08-18
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156533 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156533 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48155 Court No. - 8 Case :- WRIT - A No. - 8819 of 2025 Petitioner :- Dhirendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 2 Others Counsel for Petitioner :- Ramesh Kumar Srivastava,Ravi Pandey,Sanjay Kumar 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. Supplementary affidavit filed on behalf of petitioner as well as short compliance affidavit filed on behalf of opposite parties 1 to 3 are taken on record. 3. Present petition under Article 226 of Constitution of India has been filed challenging order dated 30.06.2024 whereby petitioner has been transferred from District Siddharth Nagar. Also under challenge is order dated 29.07.2025 directing petitioner to join in pursuance of the said order. 4. It has been submitted that in view of fact that petitioner was not relieved in pursuance of transfer order dated 30.06.2024, he was suspended from service vide order dated 06.06.2025, which was challenged in WRIT - A No. - 9275 of 2025 before this Court at Allahabad and in which this Court vide order dated 30.07.2025 noticed that petitioner stood relieved for the first time only on 29.07.2025 and his suspension order was also revoked. The disciplinary proceedings therefore was stayed directing petitioner to join at the transferred place forthwith. 5. It is submitted that since petitioner was being transferred form an aspirational District, his options were required to be considered in terms of Government Order then applicable. 6. Learned State Counsel has however adverted to affidavit of compliance particularly paragraph -11 thereof
to submit that prior to passing of impugned order dated 30.06.2024, no options were provided by petitioner and therefore there was no question of their consideration. 7. In view of such submissions, learned counsel for petitioner submits that as per direction issued by this Court, he had to join at the transferred place but submits that liberty may be granted to petitioner to provide fresh options, which may be considered by opposite parties. 8. Considering the innocuous prayer, without adverting to merits of the case, liberty is granted to petitioner to file fresh representation before opposite party no.2 i.e. the Food Commissioner, Food and Civil Supplies, Jawahar Bhawan, Lucknow.
In case such a representation is filed, the same is required to be decided by authority concerned expeditiously by a reasoned and speaking order within a period of six weeks from receipt of representation of petitioner along with a certified copy of this order. 9. With aforesaid direction, the petition stands finally
disposed of.
Order Date :- 18.8.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench