SHIV KARAN YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL AND HEALTH DEPTT. LKO AND 3 OTHERS
WRIA/13143/2025 · 2025-11-13
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173716 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173716 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13143 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard 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 orders dated 17.10.2025 as modified on 31.10.2025 whereby petitioner has been transferred from one Block to another in District Barabanki.
3. Learned counsel for petitioner has placed reliance on paragraph 5 (iv) of Government Order dated 06.05.2025 to submit that in terms thereof, petitioner was required to be exempted from transfer since his mother is in the fourth stage of cancer and his son is suffering from autistic spectrum disorder for which he is undergoing treatment in King George's Medical University, Lucknow but by means of impugned order, he has been posted in a Block which is more than 70 k.m.s away.
4. Since considering petitioner's grievance would entail exercise of executive discretion, liberty is granted to petitioner to file fresh representation before opposite party no.4 i.e. Chief Medical Officer, District Barabanki who may consider and decide petitioner's grievance in terms of paragraph 5 (iv) of Government Order dated 06.05.2025. Petitioner shall submit his representation along with a certified copy of this order within a period of three days from today which shall be considered and decided within a period of ten days thereafter. Till Versus Counsel for Petitioner(s) : Avinash Tiwari Counsel for Respondent(s) : C.S.C. Shiv Karan Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Medical And Health Deptt. Lko And 3 Others .....Respondent(s)
decision on his representation, petitioner shall not be compelled to join at the transferred place in pursuance of impugned order.
5. With aforesaid direction, the petition stands finally disposed of. November 13, 2025 kvg/- WRIA No. 13143 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench