BRIJESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AGRICULTURE LKO. AND 3 OTHERS
WRIA/9870/2025 · 2025-09-01
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160428 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160428 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9870 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging transfer order dated 14.06.2025 and relieving order dated 20.06.2025 whereby petitioner has been posted from District Sultanpur to District Siddharth Nagar. Also under challenge is the
order dated 29.07.2025 whereby petitioner's representation against the said posting has been rejected.
3. It has been submitted that earlier petitioner was promoted on the post of Additional Statistics Officer vide order dated 02.02.2024 which also indicated his first place of posting whereafter the impugned order has been passed indicating it to be the first posting after promotion. It is submitted that in fact once petitioner had already been granted posting in terms of
order dated 02.02.2024, the impugned order has been incorrectly indicated as being the first order after promotion whereas in fact it is an annual transfer order. It is, therefore, submitted that petitioner was required to be exempted from the annual transfer in terms of Government Order dated 15.12.2003 which required such exemption in case of such employees who themselves or their dependants were suffering from disability. Learned counsel has also drawn attention to the Medical Certificate indicating that his father was suffering disability of above 40%.
4. Ms. Deep Shikha, learned Chief Standing Counsel has been provided written instructions dated 25.08.2025, a copy of which is taken on record and submits from that basis that a perusal of the promotion order dated 02.02.2024 itself indicates that posting orders would be passed separately and it is in pursuance thereof that the impugned order has been passed. It is Versus Counsel for Petitioner(s) : Naveen Shukla, Sheela Baidya Counsel for Respondent(s) : C.S.C. Brijesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Agriculture Lko. And 3 Others .....Respondent(s)
also submitted that in the present place of posting, there is no vacant post of Additional Statistical Officer remaining since petitioner has already been relieved.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that earlier petitioner was promoted vide order dated 02.02.2024. The order itself clearly indicated as a condition that separate orders for posting would be passed while also indicating the continuance in current place of posting. In such circumstances, it is evident that impugned order has been passed as a measure of first posting after promotion and is not in the nature of an annual transfer.
6. The Government Order dated 15.12.2003 in fact is applicable in case of annual transfers and not for first posting after promotion.
7. In such circumstances, this Court does not find any good ground to grant indulgence.
8. The petition, therefore, is dismissed. Parties to bear their own cost. September 1, 2025 Satish WRIA No. 9870 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench