HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9531 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 01.08.2025 whereby petitioner's application for transfer to Lucknow, has been rejected. 3. Since reasons indicated for rejection are self-evident in impugned order itself, the petition is being adjudicated upon at the admission stage itself without calling for a counter affidavit. 4. It has been submitted that since petitioner has barely one year left to superannuate, he is claiming benefit of paragraph 5(v) of Government Order dated 06.05.2025 for posting in his home district, since he belongs to Class III category. It is submitted that impugned order has rejected petitioner's representation primarily on ground that firstly, he has been posted in Lucknow Division for a total of 29 years of his service; secondly, since the transfer-session has already elapsed, such a representation is not maintainable; and thirdly since petitioner has taken a ground of ill-health and he is posted currently in a unit of Medical College, Kanpur, it would be appropriate for him to continue in his present place of posting. 5. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that petitioner has been posted in Kanpur in the year 2022 upon his own request and even otherwise since Kanpur is adjoining to his home District, Lucknow, there would be no inconvenience caused to petitioner particularly in view of fact that he has taken a ground of ill-health and Versus Counsel for Petitioner(s) : Avinash Tiwari Counsel for Respondent(s) : C.S.C. Lalmani .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Medical Health Deptt. Lko. And 2 Others .....Respondent(s) is currently posted in a unit of Medical College itself. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that the authority concerned has completely ignored the provision of paragraph 5(v) of Government Order dated 06.05.2025, which clearly stipulates that for persons who are due to superannuate within a period of two years, they may be considered for posting in their home district, if they are Class III employees, for which purpose, the earlier time spent in their postings would be ignored. 7. The second ground is also untenable since a direction has been issued by this Court vide order dated 17.072025 passed in earlier petition WRIT - A No. - 7715 of 2025 and therefore the representation was required to be decided in terms of direction issued by this Court and not merely on ground that the transfer-session had elapsed. 8. Considering the fact that petitioner would have a right for consideration of representation in terms of Government Order dated 06.05.2025, the third ground would also be untenable since even after his posting at Lucknow, there are ample medical facilities available and he can also be considered for his posting in any medical college. 9. In view of discussions made herein above, the impugned order dated 01.08.2025 being not sustainable is quashed granting liberty to opposite party no.3 i.e. Director (Administration), Medical and Health Services U.P., Swastha Bhawan, Lucknow to revisit petitioner's application in light of paragraph 5(v) of Government Order dated 06.05.2025. Such reconsideration shall ignore the aspects which form the basis of order dated 01.08.2025 and fresh decision shall be taken within a period of four weeks from the date a certified copy of this order is produced before authority concerned. 10. Resultantly, the petition succeeds and is allowed at the admission stage itself. The parties to bear their own costs. August 26, 2025 kvg/- WRIA No. 9531 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench