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2025 DAILYLAW 156564 (ALL)

JAYANTI PRASAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

WRIA/8828/2025 · 2025-08-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46625 Court No. - 8 Case :- WRIT - A No. - 8828 of 2025 Petitioner :- Jayanti Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 30.06.2025 whereby petitioner has been transferred from Lucknow to Prayagraj on the post of Deputy Director of Forensic Science Laboratory. 3. It has been submitted that impugned orders have been passed completely ignoring the options which had been given by petitioner in pursuance of paragraph-5 (v) of the Government Order dated 06.05.2025 since petitioner is due to superannuate within a period of one year. It is submitted that opposite parties have also ignored the aspect that petitioner's son is suffering from 50% mental retardation and was, therefore, also required to be exempted from annual transfer. 4. Learned State Counsel has been provided written instructions dated 08.05.2025, a copy of which is taken on record but which does not advert to the aforesaid two aspects. 5. In view of aforesaid facts and circumstances, particularly the fact that petitioner's options in the light of Government Order have not been considered by the opposite parties, the impugned order dated 30.06.2025 so far as it relates to petitioner stands quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass orders afresh taking into account the aspects of paragraph-5 (iv) and (v) of the Government Order dated 06.05.2025. 6. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost. Order Date :- 11.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench