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2025 DAILYLAW 162069 (ALL)

SURENDRA PRASAD YADAV (PNO-940620636) v. STATE OF U.P. THRU. CHIEF SECY., GOVT. OF U.P., LKO. AND 5 OTHERS

WRIA/10239/2025 · 2025-09-04

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10239 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 26.06.2024 whereby he has been transferred from Lucknow to Sitapur. 3. Learned counsel for petitioner submits that despite the transfer order having been passed almost one year ago, relieving has not yet been effected and and therefore the transfer order is required to be quashed in terms of paragraph - 523 of Uttar Pradesh Police Regulations(hereinafter referred to as Police Regulations). 4. Learned State Counsel has been provided written instructions dated 03.09.2025, a copy of which is taken on record and as per which petitioner also stands relieved on 28.04.2025. 5. The aforesaid aspect has already been considered by this Court in Writ Petition No.26462 (S/S) of 2016 as well as Writ - A No. - 3217 of 2025 vide judgment and orders dated 11.11.2016 and 25.03.2025 respectively to the effect that in case relieving is not effected within the period prescribed in terms of paragraph 523 of Police Regulations, the administrative exigency of transfer is lost. 6. Aforesaid judgment is squarely applicable in the facts and circumstances of the case where relieving has been effected after almost one year of transfer. 7. In view thereof, the impugned order of transfer dated 26.06.2024 Versus Counsel for Petitioner(s) : Abhishek Khare, Aahuti Agarwal, Navneet Yadav Counsel for Respondent(s) : C.S.C. Surendra Prasad Yadav (Pno-940620636) .....Petitioner(s) State Of U.P. Thru. Chief Secy., Govt. Of U.P., Lko. And 5 Others .....Respondent(s) and the consequential relieving order dated 28.04.2025 are hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh in the nature of routine transfer, strictly in accordance with paragraph 523 of Police Regulations. 8. It has been submitted that petitioner's salary is outstanding for the period from June,2025. It is further submitted that in pursuance of relieving order, petitioner had joined at the transferred place in June, 2025. 9. In view of aforesaid fact that relieving of petitioner has been issued subsequently, opposite parties are directed to ensure payment of outstanding salary to petitioner within a period of four weeks from the date a certified copy of this order is produced before concerned authority. 10. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs. September 4, 2025 kvg/- WRIA No. 10239 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench