PUSHPENDRA YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TRANSPORT U.P. LKO. AND 4 OTHERS
/13447/2025 · 2025-11-19
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173696 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173696 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13447 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed challenging order dated 15th June 2025 whereby petitioner has been transferred from the post of Senior Assistant from Raebareli to Kanpur Dehat. 3. It is submitted that impugned order indicates that transfer has been effected due to personal options provided by petitioner. It is submitted that however a perusal of the order will clearly indicate that petitioner had given options for Kanpur Nagar, Ghaziabad or Noida whereas none of the options have been considered. 4. It is also submitted that petitioner being office bearer of the union was required to be exempt from the annual transfer in terms of paragraph 12 of the government order dated 6th May, 2025. 5. Learned state counsel has been provided written instructions dated 18 November, 2025 in this matter and on that basis submits that the petitioner was elected as office bearer in January 2023 and his tenure has ended in January 2025 whereas the impugned order has been passed in June 2025 and therefore provisions of paragraph 12 of the government order would be inapplicable. 6. However upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it transpires that impugned Versus Counsel for Petitioner(s) : Ravi Shanker Tewari, Anchal Srivastava, Shasank Sonu, Sheo Pal Singh, Vishwakant Srivastava Counsel for Respondent(s) : C.S.C. Pushpendra Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Transport U.P. Lko. And 4 Others .....Respondent(s)
order has been passed on the basis of personal request made by petitioner. Evidently once the transfer was being effected not as an administrative exigency but only on the basis of options submitted by petitioner, such options were required to be considered by the authorities concerned. It is quite apparent that Kanpur Dehat was not an option submitted by petitioner. 7. In view thereof, liberty is granted to petitioner to make a fresh representation before party No. 3 i.e. Additional Transport Commissioner (Administration), Uttar Pradesh, Lucknow for consideration of the earlier options pertaining to Kanpur Nagar, Ghaziabad or Noida.
Such representation shall be decided in terms of these options by the authority concerned expeditiously within a period of four weeks from the date a certified copy of this order is produced before the said authority. The impugned order dated 15th June, 2025 shall be subject to fresh orders passed by the authority concerned. 8. The petition stands disposed of. November 19, 2025 prabhat WRIA No. 13447 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench