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2025 DAILYLAW 182303 (ALL)

MANISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AGRICULTURE LKO. AND ANOTHER

/12070/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12070 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr. Anand Dubey, 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 25.08.2025 whereby petitioner's representation for posting in terms of options provided by him has been rejected. 3. It has been submitted that earlier petitioner had filed WRIT - A No. - 7956 of 2025 challenging orders dated 14.06.2025 and 15.06.2025 whereby he was transferred. The said petition was disposed of vide order dated 24.07.2025 directing the authorities concerned to take a decision with regard to petitioner's grievance in view of couple posting. 4. It is submitted that in pursuance thereof, petitioner submitted a representation dated 01.08.2025 seeking posting in District Jhansi. It is submitted that a perusal of impugned order will make it evident that the reasons indicated in the representation have been completely ignored by opposite parties who considered only the fact that petitioner's services are required in Rampur. 5. It has been submitted by learned counsel for petitioner that as a result of petitioner's posting in Rampur, the family life is completely disturbed since petitioner's children are studying in Firozabad, wife is working in district Jhansi and petitioner has now been posted in Versus Counsel for Petitioner(s) : Mohd. Nafeesh Quraishi, Anand Dubey Counsel for Respondent(s) : C.S.C. Manish Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Agriculture Lko. And Another .....Respondent(s) Rampur. 6. Learned State Counsel has been provided written instructions dated 18.11.2025, a copy of which is taken on record and on that basis submits that petitioner was not transferred to District Rampur but was in fact posted as a consequence of his promotion. It is submitted in terms of instructions that in district Rampur, there is neither anyone posted as Statistical Officer nor even as a Computer Operator and posting of atleast one would be essential and it is in pursuance thereof that the petitioner has been posted after promotion in the said district. It is also submitted that in Jhansi, there is one person posted as Computer Operator who looks after the work being conducted by the Statistical Officer which is same in nature. It is in these circumstances that the petitioner's representation was rejected. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident from a perusal of representation submitted by petitioner that he is seeking posting in aforesaid district on account of couple posting. 8. From a perusal of material on record, it is thus evident that petitioner's case is not a simple transfer but of posting after promotion. Although impugned order does not advert to options provided by petitioner but in written instructions provided today, the aspect of options provided by petitioner for his posting have been declined in view of reasons indicated herein above. 9. Since impugned order itself indicates that petitioner's option may be considered in the routine annual transfer, opposite parties may consider the same aspect as and when required. 10. In view of the aforesaid discussion, this Court does not find any good ground to grant indulgence in this matter. However, petitioner's grievance would be considered in the routine annual transfer as and when required. 11. With the aforesaid direction(s), petition stands disposed of. November 28, 2025 lakshman WRIA No. 12070 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench