Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 180575 (ALL)

SAURABH CHANDRA DUBEY v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE DEPTT. LKO. AND 3 OTHERS

/13836/2025 · 2025-12-09

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13836 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. A. M. Tripati, Senior Advocate assisted by Mr. Anurag Tripathi, learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 19.09.2025 whereby petitioner's representation for transfer to District Barabanki or Lucknow has been rejected. 3. It has been submitted that aforesaid representation had been submitted on account of fact that petitioner's wife is on dialysis and is undergoing treatment at Chandan Hospital, Lucknow. It is submitted that the impugned order has rejected petitioner's representation only on ground that he has already spent 11 years in District Barabanki and does not have a right of being posted in a particular place. 4. Learned State Counsel has been provided written instructions dated 03.12.2025, which are taken on record. 5. However, it is quite evident that neither impugned order nor the instructions adverts to the aspect that petitioner was seeking transfer not only in District Barabanki but in District Lucknow as well where petitioner's wife is under dialysis. 6. Learned counsel for petitioner has adverted to Annexure-9 and 10 Versus Counsel for Petitioner(s) : Anurag Tripathi, Anand Mani Tripathi Counsel for Respondent(s) : C.S.C. Saurabh Chandra Dubey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Deptt. Lko. And 3 Others .....Respondent(s) to writ petition to submit that post of Senior Assistant is vacant in both the Districts with 10 posts being vacant in District Barabanki and 3 posts being vacant in District Lucknow where petitioner could very well have been accommodated. 7. Considering the fact that neither impugned order nor the instructions provided to learned State Counsel has adverted to aforesaid factors of petitioner's wife being under dialysis in Lucknow and why petitioner could not be posted in District Lucknow particularly regarding vacancies indicated in letter dated 19.05.2025 issued by the Chief Medical Officer, Lucknow (Annexure-10 to the writ petition), impugned order 09.10.2025 is hereby quashed by issuance of a writ in nature of Certiorari. Opposite party no.3 i.e. Director (Administration, Medical and Health Services, U.P., Lucknow is directed to reconsider petitioner's representation in light of aforesaid twin factors of petitioner's wife undergoing dialysis in Lucknow and vacancies available in Lucknow where petitioner can be adjusted. Such a decision shall be taken by opposite parties expeditiously within a period of two weeks from receipt of a certified copy of this order. 8. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 9, 2025 kvg/- WRIA No. 13836 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench