AFZAL AHMAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL AND HEALTH DEPTT. LKO AND 4 OTHERS
WRIC/8540/2025 · 2025-09-04
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161767 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161767 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8540 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and the learned Standing Counsel, who appears for State-opposite parties no.1 to 4. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.5 is dispensed with. 3. This writ petition has been filed with the following main prayer:-
“a. kindly issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing the concerned Respondents to to transfer Dr Jitendra Srivastava, (OP No 5), presently posted as Medical Superintendent, Community Health Center, Pihani, district Hardoi, to some other place in accordance with the Transfer Policy of the Uttar Pradesh Government (Annexure No 1) and in consequence to the petitioner's various representations including his representation dated 28/03/2025 (Annexure No 2) and reminder letters (Annexure No 3), say within a period of 01 month.”
4. Petitioner says that he is an ordinary citizen of Pihani Town in Distrcit Hardoi, who is personally aggrieved by the conduct of opposite party no.5, Dr. Jitendra Srivastava, who has been the Superintendent of Community Health Center in Pihani Town for the last 13 years and because of his long stay at one place, he has developed relations with local medical mafia. 5. Counsel for the petitioner has placed reliance upon the Government Annual Transfer Policy for 2025-2026 regarding Group-A and B Officers remained in one district for three years and in a medical division for seven Versus Counsel for Petitioner(s) : Nutan Thakur, Deepak Kumar Counsel for Respondent(s) : C.S.C. Afzal Ahmad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Medical And Health Deptt. Lko And 4 Others .....Respondent(s)
years. Petitioner has made a representation in this regard to the authority concerned, but no heed has been paid. Hence, the present writ petition has been filed with the aforesaid prayer. 6. A preliminary objection has been raised by the learned Standing Counsel appearing on behalf of the State-opposite parties that writ petition prays for a Mandamus to be issued to the opposite parties to transfer opposite party no.5, Dr. Jitendra Srivastava to some other place, but a Mandamus may be issued only when there is subsisting legal rights inhering in the petitioner.
In this case, no such legal right of the petitioner is inhering in getting a medical officer transferred from one place to another. 7. We are of the considered opinion that writ petition is not maintainable for the relief as prayed for. 8. It is accordingly dismissed with liberty to the petitioner to approach the appropriate forum. September 4, 2025 Rao/- WRIC No. 8540 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench