SHIMMI SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH LKO. AND ANOTHER
WRIA/12451/2025 · 2025-10-30
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182780 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12451 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Supplementary affidavit field today is taken on record. 2. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 3. Present petition under Article 226 of Constitution of India has been filed challenging order dated 14.06.2025 whereby petitioner's representation for posting her in Districts of Etah including Kasganj, Mainpuri or Firozabad has been rejected. 4. Learned counsel for petitioner submits that earlier petitioner had filed WRIT - A No. - 9768 of 2024 and by means of order dated 23.01.2025, opposite parties were directed to consider the petitioner's representation for posting in the said Districts in view of fact that petitioner is a single mother having two children who are appearing in various competitive examinations. It is submitted that prior to that WRIT - A No. - 7315 of 2024 was also filed by petitioner which was disposed of vide judgment and order dated 03.09.2024 directing the authorities concerned to decide petitioner's representation which was also rejected. 5. It is submitted that a perusal of impugned order will make it evident that petitioner's representation has been rejected primarily on ground of having been posted for the past 30 years in Districts Kasganj and Etah. It is further submitted that opposite parties have not at all applied their mind Versus Counsel for Petitioner(s) : Anurag Narain Srivastava, Chitrangada Narayan, Vartika Pandey Counsel for Respondent(s) : C.S.C. Shimmi Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Medical And Health Lko. And Another .....Respondent(s)
with regard to posting of petitioner in the other Districts of Mainpuri and Firozabad. It is submitted that there are various posts of Head Assistants still lying vacant in aforesaid Districts. 6. Learned State Counsel has been provided written instruction dated 29.10.2025, a copy of which is taken on record and as per which it is submitted that although there are vacancies on the said post in all the said Districts except Kasganj where posting is sought by petitioner but learned State Counsel reiterates the aspect that since petitioner has already spent thirty years of being posted in Districts Kasganj and Etah, it is not conducive to continue her in said Districts in light of directions issued by Director General dated 30.06.2022.
It is also submitted that it is not for the employee to insist on a particular posting since transfer and posting is an incidence of service. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that in the earlier writ petition filed by petitioner bearing WRIT - A No. - 9768 of 2024, direction was issued specifically directing opposite parties to consider petitioner's posting in Districts of Etah including Kasganj, Mainpuri or Firozabad in view of fact that petitioner is a single mother having two children who are appearing in various competitive examinations. Admittedly, the said judgment and order has not been challenged and has attained finality. 8. A perusal of impugned order will reveal that the sole ground for rejection of petitioner's representation is her long postings in Districts of Kasganj and Etah for the past thirty years. However, there is no mention with regard to petitioner's desired posting in Districts Mainpuri or Firozabad. 9. In the written instructions submitted today, in paragraph-2, a chart has been indicated whereby posts of Head Assistant are clearly vacant in all the said Districts except Kasganj. 10. While it is the settled law that an employee does not have any vested right for being posted in a particular place but in view of hardship being suffered by petitioner, this Court had granted indulgence twice earlier. WRIA No. 12451 of 2025 2
Unfortunately, the opposite parties have not adhered to the directions issued by this Court. 11. In view of fact that admittedly the said posts are lying vacant in all the said Districts except Kasganj, the opposite parties are directed to pass appropriate orders for posting of petitioner in Districts of either Firozabad or Mainpuri. Appropriate directions shall be issued expeditiously within a period of two weeks from the date a certified copy of this order is served upon said authority. 12. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parities to bear their own costs. October 30, 2025 kvg/- WRIA No. 12451 of 2025 3 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench