HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9509 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents No.1 to 3, Shri Gaurav Joshi holding brief of Shri Ran Vijay Singh, learned counsel appearing for respondent No.4. 3. With the consent of the parties, the matter is being decided finally. 4. Under challenge is the transfer list dated 08.07.2025, a copy of which is Annexure-1 to the petition, so far as it pertains to the petitioner whereby the petitioner has been transferred from Block Dubepur to Primary School Majhala, Kurwar, Block Kurebhar District Sultanpur. 5. Contention of the learned counsel for the petitioner is that as per the Government Order dated 22.07.2025, a copy of which is Annexure-4 to the petition, Clause 7 categorically provides that teachers are to be transferred on the basis of the seniority and their option. 6. Contention is that once the aforesaid Government Order categorically provides transfer is to be made on the basis of seniority there cannot be any occasion for the respondents to have discriminated in the transfer inasmuch as retaining the senior and transferring the junior. 7. Although an averment had been made in the writ petition more particularly in para 10 of the petition that one Km Ranjana who is senior Versus Counsel for Petitioner(s) : Amit Kumar Singh Counsel for Respondent(s) : C.S.C., Ran Vijay Singh, Shailendra Singh Rajawat Shukreshwari Tiwari .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. (Basic Education Deptt.) Lko. And 3 Others .....Respondent(s) to the petitioner had not been transferred yet today learned counsel for the petitioner has placed reliance on the seniority list of District Sultanpur per which the name of Km Ranjana finds place at S.N.2984 vis a vis the petitioner whose name finds place at S.N.3702. Thus, it is contended that Km Ranjana is senior to the petitioner and accordingly in terms of the Government Order dated 22.07.2025 it is the senior who should have been transferred. 8. Shri Shailendra Singh Rajawat, learned counsel appearing for the respondent No.4 on the basis of instructions also states that Km Ranjana is senior to the petitioner and thus, it is the Government Order dated 22.07.2025 which should have been followed by the respondents while issuing the impugned order of transfer so far as it pertains to the petitioner. 9. However, considering that Km Ranjana has not been impleaded as party in the instant petition and at the first instance, it is the respondents who have to consider the applicability of the Government Order dated 22.07.2025 vis a vis the seniority list of the District Sultanpur per which the petitioner is junior to the other teacher who has not been transferred while the petitioner has been transferred as such let this aspect of the matter be considered by the respondent No.2. 10. For the aforesaid purpose, the petitioner shall submit a representation along with the aforesaid Government Order to the respondent No.2 within a period of two weeks from today. The respondent No.2 shall proceed to decide the said representation within a period of four weeks from the date representation is made, in accordance with the Government Order dated 22.07.2025 and other government order or the rule, which may be applicable. Till the decision on the representation, no coercive action shall be taken against the petitioner. 11. The writ petition stands disposed of. September 24, 2025 prateek WRIA No. 9509 of 2025 2 (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench