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2025 DAILYLAW 163253 (ALL)

ANURADHA RAWAT v. STATE OF U.P. THRU. ADDL. CHIEF MED. HEALTH DEPTT. LKO. AND 2 OTHERS

WRIA/10328/2025 · 2025-09-17

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10328 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 20.08.2025 whereby petitioner's representation for transfer to Lucknow on the post of Staff Nurse (female) has been rejected. 3. Learned counsel for petitioner submits that petitioner was appointed on the said post in District Raebareli in year 2019 and has never sought any choice-posting but was compelled to file the present application seeking transfer to Lucknow in view of fact that petitioner's husband is also in Government employment with his posting in District Lucknow and therefore petitioner's case would be covered in terms of paragraph-5 of Government Order dated 06.05.2025. It is also submitted that petitioner has a one year old child with no in-laws alive, she is facing difficulty. It is also submitted that there are 276 Staff Nurses currently employed in District Raebareli and anyone of them could very well have been accommodated in place of petitioner. 4. Learned State Counsel has been provided written instructions dated 16.09.2025, which is taken on record and as per which the District Hospital where petitioner is currently employed has 37 posts of Staff Nurses and with 17 vacancies, it is essential for petitioner to continue in the said place. It is submitted that although there are 276 Staff Nurses in District Raebareli but the same are employed in the Primary Health Centre or Community Health Centre and none of them can be expended. Versus Counsel for Petitioner(s) : Avinash Tiwari Counsel for Respondent(s) : C.S.C. Anuradha Rawat .....Petitioner(s) State Of U.P. Thru. Addl. Chief Med. Health Deptt. Lko. And 2 Others .....Respondent(s) 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that paragraph-5 of Government Order dated 06.05.2025 clearly prescribes guidelines for couple postings. However, the same is in the nature of guidelines and does not create any specific vested right in an employee for seeking such posting. As per instructions, it is evident that there are 17 vacancies on the post of Staff Nurses in District Hospital where petitioner is currently employed. 6. The aspect of transfer and postings comes within a realm of executive decisions for which no writ of Mandamus can be issued, particularly since petitioner does not have any vested right for her posting at the a particular place. 7. This Court has also vide earlier orders explored possibility of adjustment of petitioner in District Lucknow but in terms of written instructions, the same does not appear to be possible. 8. In view thereof, this Court is not inclined to grant any indulgence. The petition therefore fails and is dismissed. The parties to bear their own costs. 9. It shall however be open for opposite parties to consider petitioner's case in the next transfer session. September 17, 2025 kvg/- WRIA No. 10328 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench