Neutral Citation No. - 2025:AHC:20485 Court No. - 7 Case :- WRIT - A No. - 1785 of 2025 Petitioner :- Chandramani Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Kumar Mishra Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Praveen Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondent Nos.1 & 2 and Smt. Archana Singh, learned counsel for the respondent Nos.3 & 4. 2. The petitioner has preferred the present petition with the prayer to direct the respondent No.2/Chief Secretary, Basic Education, Lucknow to consider the application of the petitioner in view of the acute necessity as stated in the application. 3. Facts in brief as contained in the writ petition are that the petitioner is working as a Headmaster at Primary School Bhatha Khari No.1 Block Barahani, District Chandauli U.P. Unfortunately the wife of petitioner namely Smt. Suman Upadhyay become serious ill and after diagnosis, she has been declared a patient of breast cancer vide letter dated 1.7.2023 issued by Chief Medical Chandauli, a copy of the letter dated 1.7.2023 as well as the medical report of the wife of the petitioner issued by Mahamana Pandit Madan Mohan Malviya Cancer Centre, Varanasi is appended as Annexure filed No.2 to the petition. After surgery of the breast cancer, the chemotherapy is being going on in the hospital situated at Varanasi. 4. It is argued by learned counsel for the petitioner that the Institution in question where the petitioner is currently posted is about 110 Km. away from the hospital where the treatment of his wife is going on and the same is 80 Km. away from his house. It is argued that since the Hospital in question is 110 Km. far away from the Institution where the petitioner is working, the petitioner is suffering hardship to look into his wife and provide proper treatment of his wife which is very essential for the life of his wife from cancer. It is argued that in case, the petitioner is transfer from the Block Barahani to Block Niyamtabad, the petitioner will look after his wife properly and perform his duty with full devotion as the Block Niyamtabad is faraway only just 30 Km. from the Hospital. 5. On the other hand, learned counsel for the respondents argued that as per prevailing policy of the State Government regarding transfer of teachers and Principals of Primary School, the petitioner should raise his grievance by submitting Online Application for transfer on the portal after expiring of current session, thereafter, the respondents will pass the appropriate orders as per policy. 6. Heard learned counsel for the parties and perused the record. 7. From perusal of the record, it is clear that the wife of the petitioner is suffering from breast cancer and after surgery of the breast cancer, the chemotherapy is going on in the hospital which is 110 Km. far away from the Institution where the petitioner is working today and in case, the petitioner will transfer another block from where the Hospital is 30 Km. far away, he will not only look after his wife but also perform his duty smoothly. 8. In the special facts and circumstances of the case, the present petition is disposed of permitting the petitioner to submit a representation ventilating all his grievances along with certified copy of this order before the Principal Secretary, (Basic Education) Lucknow within a period of ten days from today. In case, the petitioner will file the representation within the aforesaid period, the Principal Secretary, (Basic Education) Lucknow is directed to pass appropriate orders sympathetically within ten days thereafter. 9. It is made clear that since this order has been passed in special facts and circumstances of the case, the same would not be treated as precedent. Order Date :- 13.2.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad