SHAILESH KUMAR TRIPATHI v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/15829/2025 · 2025-10-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 172153 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172153 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15829 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Arun Kumar Tripathi, learned counsel for the writ petitioner and Sri Rahul Malviya, learned Standing Counsel for the State. 2. The case of the writ petitioner is that while the writ petitioner was posted in Civil Police by virtue of an order dated 24.11.2014, he was transferred/ sent on deputation to the Intelligence Wing of the Police Department. According to the writ petitioner, he assumed the charge on 15.12.2014. The grievance of the writ petitioner is that the total tenure of the writ petitioner would be 10 years and in view of the Government Order dated 19.06.2019, which is on the said subjects, the tenure is specified to be 10 years, as stipulated in Clause III and with respect to Clause-VI, the second paragraph of the same, on the completion of the said tenure, those personnel who seek to continue further they may continue or/else be repatriated. Submission is that the writ petitioner has already spent 11 years of service at the transferred / deputation place and he does not intend to continue further and he wants repatriation to his parent department. Reliance has been placed upon a decision of a coordinate Bench in Writ-A no.12714 of 2024, decided on
03.01.2025. 3. Learned Standing Counsel on the other hand submits that the issue which the writ petitioner seeks to raise needs determination at the first instance by the third respondent, Addl. Director General of Police (Intelligence), Lucknow, U.P. and the writ petitioner may represent before the said authority. 4.
Considering the over all facts situation and bearing in mind the Versus Counsel for Petitioner(s) : Arun Kumar Tripathi, Durgesh Pratap Singh Counsel for Respondent(s) : C.S.C. Shailesh Kumar Tripathi .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
Government Order dated 19.06.2019 and the claim set up by the writ petitioner that he has already spent 10 years in the transferred/ deputation place and he does not intend to further remain there, thus the writ petition stands disposed of directing the writ petitioner to prefer a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order before Respondent no.3 by 07.11.2025, who shall on the said motion proceed to consider the claim of the writ petitioner strictly in accordance with law within a period of six weeks thereafter bearing in mind the Government Order or any other Government Order which is in vogue. October 29, 2025 N.S.Rathour WRIA No. 15829 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad