SHIV KAILASH VERMA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND ANOTHER
WRIA/10221/2025 · 2025-11-03
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177963 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177963 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10221 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 orders dated 28.01.2025, 30.01.2025 and 28.08.2025 whereby petitioner's representation for posting in District Lucknow as Consolidator has been rejected. 3. Earlier on 15.10.2025, following order had been passed:-
"1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed challenging order dated 28th August 2025 whereby petitioner's representation for posting in Lucknow has been rejected on the ground that he can be considered for posting in district Varanasi instead of Sonbhadra where he has actually been posted. Earlier this court vide order dated 7th March 2023 passed in writ A No. 2657 of 2025 had directed the opposite parties to take a decision with regard to petitioner's posting in view of the fact that he is suffering from major disease Neurocognitive Disorder (MMSE 22). 3. It is evident that by means of impugned order, the application has been rejected only on the ground that district Varanasi is close to district Sonbhadra where petitioner has been posted and since Varanasi has adequate treatment facilities, there is no occasion to grant relief. Versus Counsel for Petitioner(s) : Hari Prasad Gupta Counsel for Respondent(s) : C.S.C. Shiv Kailash Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And Another .....Respondent(s)
4. The impugned order does not, however, indicate as to whether any treatment facility for the disorder being suffered by petitioner is available or not. The order also does not indicate as to why petitioner cannot be adjusted in district Lucknow where he is undergoing treatment. It is also evident that earlier petitioner was posted in Lucknow region from years 1998 till 2007 and therefore more than 17 years have passed. 5. In view of a aforesaid, list this case on 27th October 2025 as fresh in order to enable to learned State Counsel to obtain fresh instructions as to why petitioner cannot be adjusted in Lucknow itself or any adjoining district. 6. Till next date of listing, the petitioner shall not be compelled to join at the place of posting"
4.
In pursuance thereof, written instructions were provided to learned State Counsel dated 17.10.2025 and as per which there were no vacancies of the post available held by petitioner in Districts Lucknow, Barabanki and Unnao. 5. Learned State Counsel has been provided fresh written instructions dated 31.10.2025, a copy of which is taken on record and as per which, in the nearby district of Lucknow, four posts are available only in district Hardoi. 6. In view of the written instructions, opposite party No.2, i.e., Consolidation Commissioner, Directorate of Consolidation, Indira Bhawan, Lucknow is directed to issue appropriate orders for posting of petitioner as Consolidator, district Hardoi in a Tehsil adjoining to Lucknow, if possible, within two weeks from the date of a certified copy of this order is served upon him. 7. Liberty is granted to petitioner to provide his options in the next routine transfer for posting at Lucknow, in lieu of his disability which shall be considered by the authority concerned at the relevant time. 8. Learned counsel for petitioner also submits that grant of Medical Leave since January, 2025 be considered by the authority concerned. WRIA No. 10221 of 2025 2
9. Liberty is granted to petitioner to make a representation which shall also be considered by the authority concerned sympathetically. 10. With the aforesaid direction(s), petition stands disposed of. November 3, 2025 lakshman WRIA No. 10221 of 2025 3 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench