PNO NO. 212230950 MOHIT LOHIYA AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
/12836/2024 · 2025-01-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170757 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170757 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:966 Court No. - 6 Case :- WRIT - A No. - 12836 of 2024 Petitioner :- Pno No. 212230950 Mohit Lohiya And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Santosh Kr. Yadav Warsi,Arjun Singh Yadav,Dheeraj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Shri Santosh Kr. Yadav Warsi, learned counsel for the petitioners and the learned Standing Counsel.
2. By means of this petition, the petitioners have prayed the following relief:-
"(I) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party No. 2 & 5 to relieve the petitioners in pursuance of the transfer orders dated 14.08.2024 and 05.09.2024 respectively (Annexure Nos. 1 and 2 )"
3. Learned counsel for the petitioners have stated that pursuant to the aforesaid orders of transfer dated14.08.2024 and 05.09.2024, petitioners are willing to join at the transferred place, but they have not been relieved by the competent authority till date, therefore, any appropriate direction may be issued to the authority concerned to relieve the petitioners for the transferred place.
4. Learned Standing Counsel has requested that he may be given some reasonable time to seek complete instructions as to why the petitioners have not been relieved for the transferred place, but on being confronted on the point that pursuant to the transfer orders, the employees should be relieved and if there is any legal impediment, such transfer orders may be withdrawn/ cancelled by the competent authority, he has stated that any appropriate direction may be passed protecting the interest of the Department.
5. Therefore, without entering into the merits of the issue, I hereby dispose of this petition finally at the admission stage directing the competent authority i.e. opposite party no. 5 (Senior Superintendent of Police, District Etah) to relieve the
petitioners for the transferred place i.e. District - Aligarh preferably within a period of ten days from the receipt of certified copy of the order of this Court, if there is no legal impediment. If there is any legal impediment, such impediment shall be intimated to the petitioners forthwith. It is further
directed that if the petitioners are relieved for the transferred places, pursuant to the transfer orders dated 14.08.2024 and 05.09.2024, the competent authority at the transferred place shall permit the petitioners to submit their joining. (Alok Mathur, J.)
Order Date :- 7.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench