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2025 DAILYLAW 165166 (ALL)

SHASHANK NIGAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY. ENERGY LKO. AND 4 OTHERS

WRIA/11008/2025 · 2025-09-22

Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11008 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1, Sri Harsh Vardhan Shukla, Advocate holding brief of Sri Neerav Chitravanshi, learned counsel for the respondent no. 2 and Sri Puneet Chandra, learned counsel for the respondents no. 3 to 5. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. The petitioner is aggrieved by the transfer order dated 05.04.2025 and the relieving order dated 07.04.2025, copies of which have been filed as annexures 1 & 2 respectively to the writ petition whereby he has been transferred from Lucknow to Sonbhadra. Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order. On the other hand, Sri Puneet Chandra, learned counsel for the respondents no. 3 to 5 states that as the petitioner has already been relieved on 07.04.2025 and a period of more than five and half months have already lapsed as such, it may be left open for the petitioner to raise his grievance after he joins at the transferred place keeping in view the law laid down by the Apex Court in the case of S.C.Saxena Vs. Union of Versus Counsel for Petitioner(s) : Suneel Kumar Singh Kalhans, Samarth Srivastava, Shikha Srivastava Counsel for Respondent(s) : C.S.C., Neerav Chitravanshi, Puneet Chandra Shashank Nigam .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Energy Lko. And 4 Others .....Respondent(s) India and Ors- (2006) 9 SCC 583. Considering the aforesaid as well as the judgment of the Apex Court in the case of S.C.Saxena (supra), the writ petition is disposed of leaving it open to the petitioner to join at the transferred place and thereafter submit his representation to the competent authority who is said to be the Director (Personnel) i.e the respondent no. 4 for the redressal of his grievances. In case, a representation is made by the petitioner subsequent to his joining then the competent authority would proceed to consider and decide the same in accordance with law and the relevant rules which representation would be decided within a period of four weeks from the date the petitioner submits his representation along with certified copy of this order. September 22, 2025 Pachhere/- WRIA No. 11008 of 2025 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench