NITESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 2 OTHERS
WRIA/14430/2025 · 2025-12-17
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180519 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14430 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard Mr.Vaibhav Srivastava, learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 05.12.2025 whereby petitioner's representation for couple posting in any adjoining district of Barabanki has been rejected.
3. From the record, it appears that earlier petitioner had filed Writ-A No. 13474 of 2025 seeking a direction to authority concerned to petitioner's transfer to Barababnki or Lucknow in terms of Paragraph - 5 of the Government Order dated 06.05.2025 providing couple posting. The said petition was disposed of vide order dated 20.11.2025 directing the authority concerned to consider petitioner's transfer in any adjoining district of Barabanki since petitioner had already spent more than 22 years in Barabanki itself.
4. It appears that despite such direction being issued, impugned
order has been passed rejecting petitioner's claim but only considering Barabanki again without any decision with regard to adjoining districts.
5. Learned State Counsel has been provided written instructions dated 16.12.2025, a copy of which is taken on record and as per which, there are six vacancies on the post of Junior Assistant in district Lucknow.
6. In view of aforesaid instructions, particularly indicating six Versus Counsel for Petitioner(s) : Vaibhav Srivastava Counsel for Respondent(s) : C.S.C. Nitesh Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And 2 Others .....Respondent(s)
vacancies in district Lucknow and in view of paragraph - 5 of the Government Order dated 06.05.2025, the authority concerned is
directed to pass appropriate orders for posting of petitioner in district Lucknow. Appropriate orders/directions for the same shall be issued within a period of two weeks from the date a certified copy of this
order is served upon the authority concerned.
7. Considering the aforesaid, the impugned order dated 05.12.2025 is hereby quashed by issuance of a Writ in the nature of Certiorari.
8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 17, 2025 lakshman WRIA No. 14430 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench