PRASANG SRIVASTAVA v. UNION OF INDIA THRU. HOME SECY. MINISTRY OF HOME AFFAIRS GOVT. OF INDIA, NEW DELHI AND 5 OTHERS
WRIA/9291/2025 · 2025-08-22
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158944 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49325 Court No. - 8 Case :- WRIT - A No. - 9291 of 2025 Petitioner :- Prasang Srivastava Respondent :- Union Of India Thru. Home Secy. Ministry Of Home Affairs Govt. Of India, New Delhi And 5 Others Counsel for Petitioner :- Sunpreet Singh Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and Mr. S.B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Vinay Tripathi, learned counsel for opposite parties no. 1, 2 & 3.
2. In view of order being passed, notice to opposite party no.4, 5 & 6 stands dispensed with.
3. Petition has been filed challenging order dated 13.06.2025 whereby petitioner currently working on the post of Statistical Investigator Grade-II has been transferred from Uttar Pradesh to Andaman & Nicobar Islands.
4. Learned counsel for petitioner has adverted to the office memorandum dated 24.11.2022 issued by the Government of India to submit that in cases where one spouse is employed under the Central Government and other spouse employed under the State Government, the spouse employed under the Central Government is required to be posted in terms of couple posting.
5. It is submitted that in pursuance thereof, petitioner had given a representation, which is yet pending consideration.
6. Learned counsel for answering opposite parties on the basis of instructions, however, submits that petitioner has been posted for almost 16 years in Uttar Pradesh and therefore, requires to be transferred.
7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that there is provision in the office memorandum dated 24.11.2022 for consideration of couple posting.
8. In view thereof, petitioner is granted liberty to file a fresh representation before opposite party no.2 i.e. Registrar General
& Census Commissioner, 2/A, Mansingh Road, New Delhi who shall consider and decide the same expeditiously within a period of ten days from the date such a representation is made alongwith a certified copy of this order. In case such a representation is made within a period of three days from today, petitioner shall not be compelled to join at the transferred place till decision on his representation.
9. With aforesaid directions, petition stands disposed of. Order Date :- 22.8.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench