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2025 DAILYLAW 161184 (ALL)

GYANENDRA KUMAR v. STATE OF U.P.THROUGH PRIN.SECY.DEPTT.OF HOME LKO.AND ORS.

SPLA/216/2018 · 2025-07-21

Arun Bhansali, Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41572-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 216 of 2018 Appellant :- Gyanendra Kumar Respondent :- State of U.P. through Prin. Secy. Deptt. of Home Lko. and ors. Counsel for Appellant :- Manish Misra Counsel for Respondent :- C.S.C., Gopal Kumar Srivastava (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Jaspreet Singh, J. 1. This appeal is directed against order dated 28.02.2018 passed by learned Single Judge in Service Single No. 6565 of 2018, wherein the writ petition filed by the appellant aggrieved of the order of transfer, was disposed of requiring the respondent no.4 to reconsider the case of the appellant. 2. When the appeal came up before this Court, by order dated 08.05.2018, a coordinate Bench of this Court stayed the effect and operation of order of transfer dated 14.01.2018 and also noticed the fact that the wife of the appellant is suffering from acute renal disease and is undergoing dialysis twice a week. 3. Counsel for the appellant informs that during pendency of the present appeal, the wife of the appellant has unfortunately died in the year 2023/24 and that the counsel is unaware of the present status as to whether after the death of his wife, the appellant has been subjected to transfer or not. 4. In the circumstances of the case, as the interim order was granted only on account of the physical condition of appellant's wife, who is no more, the cause for entertaining the appeal and granting the interim order has already come to an end. 5. In that view of the matter, the appeal filed by the appellant is disposed of. 6. In case the appellant has been subjected to transfer during pendency of the present appeal, nothing more is required to be done. 7. In case, on account of interim order dated 08.05.2018, the appellant has not been transferred so far, he may be subjected to transfer as per the exigencies by the respondents. Order Date :- 21.7.2025 Rakesh/AHA (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench