HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 8107 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Karunanidhi Yadav, learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 15.07.2025 whereby petitioner's representation for couple posting has been rejected. 3. It has been submitted that earlier petitioner had filed Writ A No.6972 of 2025 seeking couple posting in terms of paragraph 5(iii) of the Government Order dated 06.05.2025 whereby she was seeking transfer to District Etawah where her husband is currently posted. The said petition was disposed of vide order dated 27.06.2025 issuing a direction to the concerned authority for decision on petitioner's representation. It is submitted that it is in pursuance of such directions that impugned order has been passed rejecting petitioner's representation. 4. It is submitted that a bare perusal of the Versus Counsel for Petitioner(s) : Karunanidhi Yadav, Prateek Pal Singh Counsel for Respondent(s) : C.S.C. Dr. Seema Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ayush Deptt. Lko. And Another .....Respondent(s) impugned order will make it evident that petitioner's representation has been rejected primarily on the ground that she had failed to provide her options during the Transfer Session and therefore since the Transfer Session has been completed, no such transfer can be effected now. The order also indicates that petitioner has been posted for 14 years in a particular district and therefore also the transfer request cannot be exceeded. 5. It is submitted that opposite parties have completely lost sight of the fact that petitioner was in fact posting for 14 years in District Jhansi whereas she is seeking transfer to District Etawah. 6. Learned State Counsel on the basis of counter affidavit has refuted submissions advanced by learned counsel for petitioner with the submission that request was made by petitioner on 21.06.2025 after expiry of the Transfer Session as per paragraph 7 of the Government Order dated 15.06.2025 and therefore it is not possible to consider her transfer due to expiry of the period of Transfer Session 2025-2026. It is also submitted that the provision indicated in paragraph 5(iii) of the Government Order dated 06.05.2025 is only the nature of her guideline and is not binding. Learned counsel also submits that petitioner has been posted in District Banda after having spent 14 years in Jhansi division due to which her transfer was required to be effected. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that while deciding WRIA No. 8107 of 2025 2 petitioner's earlier writ petition, this Court vide order dated 27.06.2025 has specifically issued a direction for decision on petitioner's representation in the light of Clause 5 (iii) of the Transfer Policy as also considering contention of petitioner that one post of Medical Officer is vacant in District Etawah. 8. However from a perusal of the impugned order, it is evident that the aforesaid aspect has been completely ignored by the authority concerned who has dwelt and rejected petitioner's representation only on the ground that since the Transfer Session has already ended, request of petitioner for transfer cannot be exceeded. 9. In the considered opinion of this Court, once a direction has been issued by this Court to consider petitioner's representation even after conclusion of the Transfer Session, it was incumbent upon the authorities concerned who have considered representation of petitioner in that light particularly since directions issued by this Court would have precedence over any Government order. Therefore such reason for rejection of petitioner's representation is itself rejected. 10. It is also evident that the impugned order has adverted to the fact that petitioner has been posted in Banda after having spent 14 years in District Jhansi but again the opposite parties have lost sight of the fact that petitioner is not seeking posting in District Jhanshi but in fact in District Etawah in terms of couple posting as indicated in the Government Order dated 06.05.2025. 11. Although the aforesaid Government Order is in WRIA No. 8107 of 2025 3 fact in the nature of her guideline but the Government itself would also be equally bound by the guidelines it itself issues and has to indicate cogent reasons for deviating from the guidelines so issued. 12. In the impugned order, it is evident that the aspect of petitioner’s couple posting has been completely ignored. 13. In view of discussion made here-in-above, the impugned order dated 15.07.2025 is hereby quashed by issuance of a writ in the nature of Certiorari, granting liberty to opposite party no.1 i.e. Principal Secretary, Ayush Department of Ayush, Civil Secretariat, Lucknow to reconsider petitioner's representation for posting in District Etawah in the light of observations made by this Court in the order dated 27.06.2025. Such an order shall be passed expeditiously within a period of four weeks from the date a certified copy of this order is served upon concerned authority. 14. Liberty is also granted to opposite party no.1 i.e. Principal Secretary, Ayush Department of Ayush, Civil Secretariat, Lucknow to consider petitioner's posting either in Etawah or for a couple posting for both the persons in any other particular District. 15. Resultantly, petition succeeds and is allowed. Parties to bear their own costs. November 27, 2025 Subodh/- WRIA No. 8107 of 2025 4 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench