HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10554 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. Supplementary affidavit filed today is taken on record. 3. Petition has been filed challenging order dated 14th June 2025 whereby petitioner's representation for being posted in his home district, Aligarh, has been rejected. 4. It has been submitted that petitioner having less than a year to superannuate on 28 February 2026 was required to be posted in his home district in terms of paragraph 5 (v) of the government order dated 6th May 2025 but his application has been rejected only on the ground that he has already spent 34 years in District Aligarh. It is submitted that in terms of paragraph 5 (v) of the aforesaid government order, it has been specifically indicated that previous posting of an employee in his home district shall not be taken into account. 5. Learned State counsel has refuted submissions advanced by learned counsel for petitioner with submission that as has been indicated in the impugned order itself that petitioner does not have any vested right of his choice posting. He has also adverted to government order to submit that such a provision is available only in case it is feasible and does not confer any vested right upon petitioner. She has been provided written Versus Counsel for Petitioner(s) : Anurag Narain Srivastava, Chitrangada Narayan, Vartika Pandey Counsel for Respondent(s) : C.S.C. Vinay Kant @ Vinay Kant Agnihotri .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko. And Another .....Respondent(s) instructions dated 10th September, 2025, which are taken on record. It is also submitted that the impugned order clearly indicates the number of vacancies in District Meerut, where the petitioner has been transferred and smooth functioning would be hampered in District Meerut in case petitioner is transferred. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of the material on record, the provision of paragraph 5 (v) of the government order dated 6th May 2025 clearly indicates that such employees who have less than two years to superannuate may be posted in their home district in case they are within categories three and four. It has also been indicated that for the said purpose, previous tenure of posting in the home district shall not be taken into account. 7. Evidently, the purpose of incorporation of such a clause in the government order is beneficial one in order to accord an employee's posting in his home district for purposes of preparation of his pension papers, etc. It is only for very cogent reasons that deviation should be made for the said policy notified by the government itself. 8. In the present case, petitioner's representation has been rejected on twin grounds that he has already been posted in his home district for the past 34 years and therefore was required to be transferred. The said aspect of rejection is clearly in violation of paragraph 5 (v) of the government order dated 6th May 2025, which specifically indicates exclusion of previous tenure/ posting in his home district. The other ground taken is with regard to vacancies in District Meerut. However a perusal of the documents brought on record as Annexure No. 5 to the writ petition, being the status of vacancies as on 17th May 2025 as also in the supplementary affidavit, it is evident that vacancies on the post of Head Assistant are existing not only in District Meerut but also in District Aligarh where petitioner could very well have been accommodated. It is also incomprehensible as to why such a benefit would be denied to the petitioner when opposite parties themselves permitted petitioner to continue in his home district for the past 34 years. 9. In view thereof, the reasons indicated in the impugned order dated 14th WRIA No. 10554 of 2025 2 June, 2025 are unsustainable and therefore the said order is hereby quashed by issuance of writ in the nature of Certiorari. A further writ is issued in the nature of Mandamus commanding the opposite party No.2 i.e. Director (Administration) Medical & Health Services, U.P., Lucknow or any other competent authority to pass appropriate orders for posting of petitioner in his home district, Aligarh, within a period of three weeks from the date a certified copy of this order is served upon the said authority. 10. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. September 17, 2025 prabhat WRIA No. 10554 of 2025 3 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench