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2025 DAILYLAW 164043 (ALL)

KRIPA SHANKAR TIWARI v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LUCKNOW AND 3 OTHERS

/10622/2025 · 2025-09-12

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10622 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Since reasons for rejection of petitioner's representation seeking transfer to Lucknow or to any adjoining district are evident from the impugned order itself, the petition is being adjudicated upon at the admission stage without calling for counter affidavit. 3. Petition has been filed challenging order dated 22.08.2025 whereby his representation for posting at Lucknow or nearby has been rejected. 4. From the record it is evident that earlier petitioner was transferred from district Ambedkar Nagar to district Varanasi vide order dated 30.06.2024 which was challenged in Writ-A No. 7952 of 2024 and was decided vide order dated 17.09.2024 directing the authority concerned to decide petitioner's representation. It was also directed that petitioner would be continued at his earlier place of posting till completion of academic session whereafter he was to join at the transferred place immediately. 5. It is admitted between the parties that in pursuance thereof, petitioner upon completion of academic session, joined at the transferred place whereafter in view of the fact that he was undergoing treatment at Lucknow, filed Writ-A No.8548 of 2025 which was disposed of vide order dated 01.08.2025 directing the competent authority to consider petitioner's representation for posting near Lucknow and not Ambedkar Nagar since he is undergoing treatment at Lucknow. 6. The order also noticed the letter dated 15.05.2025 issued by opposite parties themselves seeking option of transfer from all such persons who are undergoing Versus Counsel for Petitioner(s) : Prashant Kumar Singh, Sudhir Kumar Pandey Counsel for Respondent(s) : C.S.C. Kripa Shankar Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow And 3 Others .....Respondent(s) serious ailment and for being transferred in terms of their option. 7. It is in pursuance thereof that impugned order has been passed rejecting petitioner's representation. 8. It is thus evident that by means of order dated 01.08.2025 passed by this Court earlier, the aspect requiring consideration of the competent authority was for option submitted by petitioner in terms of letter dated 15.05.2025 issued by opposite parties for posting at or near Lucknow 9. However on perusal of the impugned order makes it is evident that the entire order is based only on the aspect that petitioner has already spend 15 years in Ambedkar Nagar. The order also indicates rejection on the ground that the transfer session has already come to an end and therefore there is no occasion to cancel the transfer order. Evidently there is no consideration on the aspect requiring petitioner's transfer to Lucknow in view of his medical treatment being conducted at Lucknow. 10. The order impugned therefore is not in accordance with directions issued by this Court on 01.08.2025. The impugned order dated 22.08.2025 is therefore quashed by issuance of a writ in the nature of certiorari. The opposite party no.2 i.e. Commissioner Consolidation, Lucknow is directed to consider the representation submitted by petitioner for transfer/posting at or near by Lucknow. 11. Such a decision shall be taken within a period of four weeks from the date a certified copy of this order is served upon the said authority. 12. Resultantly the petition succeeds and is allowed at the admission stage itself. 13. Parties to bear their own costs. September 12, 2025 Shahnaz WRIA No. 10622 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench