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2025 DAILYLAW 182278 (ALL)

ANIL KUMAR JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH SERVICES LKO. AND ANOTHER

/13010/2025 · 2025-11-19

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13010 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Ms. Savita Jain, 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 seeking challenge to order dated 06.10.2025 whereby petitioner's representation for transfer in terms of his options has been rejected. 3. It has been submitted that earlier petitioner had filed WRIT - A No. - 10597 of 2025 seeking a direction to concerned authorities to consider his transfer either to Gonda or in the alternative to Ayodhya or Basti on the post of Junior Clerk in terms of severe medical condition of his wife having kidney failure and his ongoing treatment. 4. It is submitted that the said petition was disposed of vide order dated 11.09.2025 but by means of impugned order, his representation has been rejected only on ground that petitioner has spent more than 20 years being posted in Gonda. She submits that other options provided by petitioner regarding his posting in Districts Ayodhya or Basti has been completely ignored. 5. Learned State Counsel has been provided written instructions dated 14.11.2025, a copy of which is taken on record and as per which it is admitted that there is one post of Junior Assistant vacant in District Hospital, Ayodhya. Versus Counsel for Petitioner(s) : Savita Jain Counsel for Respondent(s) : C.S.C. Anil Kumar Jaiswal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Services Lko. And Another .....Respondent(s) 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that despite directions issued by this Court earlier on 11.09.2025, the impugned order has completely ignored options submitted by petitioner with regard to his posting in Districts Ayodhya or Basti. However, in written instructions provided today, it is admitted that the post is vacant in Ayodhya. 7. This Court is constrained to observe that the authority concerned rejecting petitioner's representation could very well have taken this aspect into consideration but her failure to do so has led to wasting of precious time of this Court. This conduct is deprecated. 8. In view of written instructions provided today, the impugned order dated 06.10.2025 is hereby quashed by issuance of a writ in the nature of Certiorari. A further writ in nature of Mandamus is issued commanding opposite party no.2 to pass appropriate orders with regard to posting of petitioner in District Ayodhya in terms of written instructions. The relevant orders shall be passed within a period of two weeks from the date a certified copy of this order is served upon authority concerned. 9. Resultantly, the petition succeeds and is allowed. Parties to bear their own costs. November 19, 2025 kvg/- WRIA No. 13010 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench