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2025 DAILYLAW 174405 (ALL)

SATYAM SHARMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS

/11534/2025 · 2025-11-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11534 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Shrawan Kumar Verma,learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 14.06.2025 and the approval order dated 14.06.2025 transferring petitioner from District Unnao to District Sitapur. Further prayer has been made to permit petitioner to continue on his post in Unnao and for payment of salary e.t.c.. An alternative prayer had also been made for modification of the transfer order and for his posting in District Kanpur and nearby District Kanpur. 3. It has been submitted that earlier petitioner had filed Writ A No.9718 of 2025 challenging the aforesaid transfer order. The said petition was disposed of vide order dated 03.09.2025 directing the authority concerned to decide petitioner's application sympathetically in view of the fact that petitioner's son was undergoing medical treatment pertaining to serious disease i.e. Cerebral Palsy in District Kanpur which had not been considered by the opposite parties. Versus Counsel for Petitioner(s) : Shrawan Kumar Verma Counsel for Respondent(s) : C.S.C. Satyam Sharma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others .....Respondent(s) 4. It is in pursuance thereof that impugned order has been passed rejecting the representation primarily on the ground of allegation levelled against him of insubordination and not adhering to direction issued by Superior Authority. The order also indicates that so far as the aspect of medical treatment is concerned, the petitioner can very well take leave from his present place of his posting for treatment of his son. 5. It is submitted that the impugned order has been passed against the direction issued by this Court for sympathetic consideration of petitioner's case. 6. In pursuance of direction issued earlier, learned State counsel has been provided instructions dated 24.11.2025, a copy of which is taken on record and as per paragraph 3 thereof, it is admitted that at present there are 53 posts of Lekhpal vacant in District Kanpur but petitioner is required to be posted in District Fatehpur since the said District has a higher vacancy of 223 posts. The instructions reiterate the aspect of insubordination of petitioner. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, this Court is constrained to observe that the State authorities have acted in a highly inconsiderate and arbitrary manner. There is absolutely no consideration in the impugned order with regard to the serious illness of petitioner's son and the treatment which is required to undergo in District Kanpur. The comment made in the impugned order that petitioner can very-well take leave petitioner to effect treatment of his son indicates the high level of insensitivity of the WRIA No. 11534 of 2025 2 officer concerned. 8. This is also evident from the fact that despite direction issued by this Court for considering petitioner's application sympathetically, the same has been rejected on the ground of insubordination while admitting that there are no proceedings pending against petitioner. 9. The insensitivity is also evident from the instructions received today indicating 53 posts of Lekhpal being vacant in District Kanpur. It is not the case of opposite parties that the petitioner is working on some project which is so important that cannot be handled by any other Government Officer which would require his continued posting in District Fatehpur. 10. Once admittedly there were 53 posts of Lekhpal vacant in District Kanpur, it was incumbent upon the opposite parties to have considered directions issued by this Court for posting of petitioner in the said District looking into the medical condition of his son. 11. The manner in which the representation has been rejected by the authorities is highly deprecated. 12. In view of the fact that there are admittedly 53 posts of Lekhpal vacant in District Kanpur and looking to the medical condition of petitioner's son, the impugned orders dated 14.06.2025 and 15.09.2025 are hereby quashed by issuance of a writ in nature of Certiorari. A further writ in the nature of mandamus is issued commanding the opposite party no.1 i.e. Principal Secretary, Department of Revenue, Government of U.P., Civil Secretariat, Lucknow or any other competent WRIA No. 11534 of 2025 3 authority to issue appropriate directions/orders for posting of petitioner in District Kanpur within a period of ten days from the date a certified copy of this order is served upon the concerned authority. 13. It has been submitted by learned counsel for petitioner that he has not been paid salary since June 2025. Opposite party no.1 is also directed to ensure payment of salary to petitioner with effect from June 2025. 14. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs. November 26, 2025 Subodh/- WRIA No. 11534 of 2025 4 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench