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2025 DAILYLAW 161450 (ALL)

RAVINDRA NATH @ RAVINDRA NATH CHAURASIYA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF STATE TAX AND 4 OTHERS

WRIA/9942/2025 · 2025-09-02

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9942 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties who has been provided written instructions dated 28.08.2025, a copy of which is taken on record. 2. Learned counsel for petitioner is granted liberty to correct/amend the paragraph four of writ petition during the course of day. 3. Petition has been filed challenging order dated 13.06.2025 so far as it relates to transfer from Gorakhpur to Varanasi and the order dated 14.06.2025 so far as it relates to petitioner's transfer from Gorakhpur to Mirzapur. Further prayer for a direction to opposite parties to post petitioner as Head Assistant in Gorakhpur Zone or District Gorakhpur has also been sought. 4. It has been submitted that earlier petitioner has promoted on the post of Head Assistant vide order dated 07.04.2025 with stipulation that he would be posted in the relevant Zone subsequently. It is submitted that in terms thereof, petitioner joined the promotional post but submits that the said condition in the promotional order clearly indicated that petitioner was required to be posted in the Gorakhpur Zone itself. It is also submitted petitioner is seeking posting at Gorakhpur in view of medical condition of his family member. 5. Learned State counsel has refuted submissions advanced by Versus Counsel for Petitioner(s) : Pt. S. Chandra Counsel for Respondent(s) : C.S.C. Ravindra Nath @ Ravindra Nath Chaurasiya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of State Tax And 4 Others .....Respondent(s) learned counsel for petitioner with the submission that the promotional order nowhere states that he is required to be posted in the Gorakhpur Zone only and therefore the impugned order has been passed in accordance with the promotional order. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident that the impugned order has been passed in terms of petitioner's promotional order dated 07.04.2025. He seeks posting in District Gorakhpur in view of medical condition of his family members. 7. In such circumstances, liberty is granted to petitioner to file afresh representation before opposite party no.3 i.e. Additional Commissioner (Administration), State Tax of Uttar Pradesh, Vibhuti Khand, Gomti Nagar, Lucknow. In case such a representation is filed, the same shall be decided on the ground of medical and studies of children within a period of two weeks from the date a certified copy of this order is produced before the said authority. 8. With the aforesaid directions, the writ petition stands disposed of. September 2, 2025 Subodh/- WRIA No. 9942 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench