STATE OF U.P. THRU. ADDL. CHIEF/ PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE AND ORS. v. RAJENDRA PRASAD
SPLAD/382/2025 · 2025-09-18
Prashant Kumar, Rajan Roy
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 165720 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165720 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 382 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE PRASHANT KUMAR, J.
1. After arguing the matter at length, intimately, the learned counsel for the State confined his argument on the issue that the private respondent who is Accountant in the office of Director General, Family Welfare Directorate, Uttar Pradesh, Lucknow was required to give an undertaking in terms of the impugned judgement dated 17.07.1925, which has not been given as yet. Whereas learned counsel for the respondent Shri Gaurav Mehrotra says initial undertaking given was faulty or not happily worded, subsequently, a revised undertaking has been given recently.
2. Having heard learned counsel for the appellant, learned counsel for the respondent and also having perused the record, what we find is that in a transfer matter, looking into the fact that the daughter of the respondent is studying in Class-XII and her examination would be over by May, 2026, the learned Single Judge has merely allowed the respondent to continue in his present place of posting till May, 2026 subject to an undertaking being given to the opposite party no. 4 that he shall join at transferred place of posting immediately upon conclusion of last examination of his daughter i.e. preferably by the end of May, 2026. The undertaking which was required to be given within two weeks was submitted as per Shri Mehrotra, but, it was faulty, the language was not proper, therefore, another undertaking has been given on 16.09.2025. It is hardly a matter for interference in an intra court appeal. The undertaking given in terms Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Gaurav Mehrotra, Harsh Vardhan Mehrotra, Shhreiya Agarawal State Of U.P. Thru. Addl. Chief/ Prin. Secy. Deptt. Of Medical Health And Family Welfare And Ors. .....Appellant(s) Rajendra Prasad .....Respondent(s)
of the judgement dated 17.07.2025 on 16.09.2025 shall suffice for the purposes of the impugned judgement.
3. Without interfering in the impugned judgement, the appeal is disposed of with these observations
September 18, 2025 Bhanu SPLAD No. 382 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench