BRIJESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLIES LKO. AND ANOTHER
WRIA/12806/2025 · 2025-11-04
Manish Mathur
body2025
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[ 2025 DAILYLAW 182378 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182378 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12806 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard 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 25.07.2025 whereby petitioner has been transferred from Prayagraj to Agra. Also under challenge is
order dated 14.10.2025 whereby petitioner's representation preferred thereagainst was rejected.
3. From a perusal of material on record, it appears that petitioner had earlier filed WRIT - A No. - 11544 of 2025 challenging his transfer
order. The said petition was disposed of vide order dated 12.08.2025 granting liberty to petitioner to make a representation which was required to be decided by authority concerned in light of provisions contained in transfer policy and Division Bench judgment in Jitendra Singh v. State of U.P. and another rendered in Special Appeal no.564 of 2024.
4. In pursuance thereof, the impugned order has been passed rejecting petitioner's representation.
5. A perusal of impugned order will make it evident that petitioner had given three other options for his posting in view of fact that he was seeking benefit of paragraph-5 of Government Order dated 06.05.2025 pertaining to couple posting. The impugned order has been passed primarily on ground that he has already spent more than eight years in District Prayagraj but does not at all advert to other options which were furnished by petitioner. Versus Counsel for Petitioner(s) : Ramesh Kumar Srivastava, Ravi Pandey, Sanjay Kumar Counsel for Respondent(s) : C.S.C. Brijesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Food And Civil Supplies Lko. And Another .....Respondent(s)
6. In view of aforesaid facts and circumstances, opposite party no.2 i.e. the Food Commissioner, Food and Civil Supplies, Jawahar Bhawan, Lucknow is directed to reconsider petitioner's representation with regard to his posting in Districts Raebareli, Sultanpur or Amethi in terms of the provisions of the Government Order. Such a decision shall be taken within a period of four weeks from receipt of a certified copy of this order.
7. The impugned order dated 14.10.2025 shall be subject to final decision to be taken by opposite party no.2.
8. With aforesaid direction, the petition stands finally disposed of. November 4, 2025 kvg/- WRIA No. 12806 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench