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2025 DAILYLAW 180245 (ALL)

DINESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY./ ADDL. CHIEF SECY. AYUSH DEPTT. GOVT. OF U.P. LKO. AND ANOTHER

/13559/2025 · 2025-11-24

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13559 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 seeking mainly for the following relief:- (i) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties, more especially opposite party no.2 i.e. Director, Homeopathic Services, 8th Floor, Indira Bhawan, Lucknow, to consider petitioner's transfer/accommodation of the petitioner from Government Homeopathic Hospital, Farendra, District Maharajganj to Government Homeopathic District Hospital, Deoria or Government Homeopathic Hospital, Banjariya Bazar or Government Homeopathic Hospital, Baghauchghat or Government Homeopathic Hospital, Hata District Deoria, where the post of Homeopathic Pharmacist's are lying vacant, keeping in view para 5 (iii) of the transfer policy dated 06-05-2025 issued by the State of Uttar Pradesh, in the interest of justice." 3. Learned counsel for petitioner submits that such a discretion is being sought in view of couple posting as provided in Government Order dated 06.05.2025. 4. Learned State Counsel has been provided written instructions Versus Counsel for Petitioner(s) : Lalendra Pratap Singh Counsel for Respondent(s) : C.S.C. Dinesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy./ Addl. Chief Secy. Ayush Deptt. Govt. Of U.P. Lko. And Another .....Respondent(s) dated 21.11.2025 which are taken on record and as per which, it has been stated that since no transfer was effected in 2025 session in the department, petitioner's claim was also not considered. 5. Considering the fact that Government Order dated 06.05.2025 is admittedly applicable upon the petitioner, paragraph - 5 thereof would also be applicable upon him. Therefore, the stand of opposite parties for not considering petitioner's claim only on the ground that no other transfer has been effected in the department is patently unreasonable. 6. In view thereof, liberty is granted to the petitioner to make a fresh representation to the opposite party No.2, Director, Homeopathic Services, 8th Floor, Indira Bhawan, Lucknow, who shall consider and decide the same within a period of three weeks from the date a certified copy of this order is served upon him in light of paragraph - 5 of the Government Order dated 06.05.2025. 7. With the aforesaid direction(s), petition stands disposed of. November 24, 2025 lakshman WRIA No. 13559 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench