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2025 DAILYLAW 167199 (ALL)

BRIJESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AGRICULTURE U.P. LKO. AND 3 OTHERS

SPLA/331/2025 · 2025-09-24

Prashant Kumar, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 331 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. 1. Heard Gauri Shankar Maurya, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. 2. This is a special appeal against judgment and order dated 01.09.2025 passed by learned Single Judge in Writ - A No. 9870 of 2025; Brijesh Kumar Vs. State of U.P. and Ors. 3. After hearing learned counsel for the parties what comes out is that the petitioner was promoted to the post of Additional Statistical Officer vide promotion order dated 02.02.2024 and he was given a stop gap posting by the same order with a clear stipulation in the conditions mentioned therein that orders of posting would be issued separately. The said orders of posting came to be issued on 14.06.2025, subsequently. The petitioner has challenged the said order as also the relieving order before the writ Court, but, the writ petition has been dismissed. The ground of challenge before the writ Court and before us is that the father of the appellant is 40% disabled, there is nobody else except the wife of the appellant to look after him, therefore, his subsequent posting/transfer after promotion to Siddharth Nager is highly unjust apart from being contrary to the Government Policy pertaining to annual transfers, however, the representation of the appellant has been rejected on the ground that the Annual Transfer Policy is not applicable in the case of the appellant, as, he has not been transferred in the annual chain of transfers rather he has Versus Counsel for Appellant(s) : Gauri Shankar Maurya Counsel for Respondent(s) : C.S.C. Brijesh Kumar .....Appellant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Agriculture U.P. Lko. And 3 Others .....Respondent(s) been given posting after promotion in terms of the promotion order. 4. The learned Single Judge has not found any error in the orders impugned before him, therefore, he has dismissed the writ petition. The grounds taken before the writ Court have been reiterated before us. Nothing new has been stated. We have gone through the impugned judgment as also the relevant records and do not find any error in the judgment of the writ Court, as, it is not a case of transfer under the annual chain of transfers, but, a case of posting after promotion that too in terms of the conditions mentioned in the promotion order. Merely because some stop gap posting was done by the said promotion order did not mean that a further posting order could not have been issued when the promotion order itself contained a stipulation bearing condition no. 2 to this effect. We do not find merit in the matter. 5. Accordingly, the special appeal is dismissed. September 24, 2025 R.K.P. SPLA No. 331 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench