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2025 DAILYLAW 183367 (ALL)

NEERAJ SINGH GARG v. STATE OF U.P. THRU. PRIN. SECY. /ADDL. CHIEF SECY. DEPTT. OF ENERGY LKO. AND 2 OTHERS

/13883/2025 · 2025-12-04

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13883 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Mr. Arpan Prakash Srivastava, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State, Mr. Neerav Chitravanshi, learned counsel for respondent no. 2, Mr. Alok Saran, learned counsel for respondent no. 3 and perused the record. The present writ petition has been filed, challenging the transfer order dated 22.11.2025, whereby, the petitioner has been transferred from District Barabanki to District Saharanpur about 1000 kilometers away. The contention of counsel appearing for the petitioner is that the petitioner's wife is suffering from breast cancer and her treatment is going on at the Royal Cancer Institute and Research Centre, Swaroop Nagar, District Kanpur. He further submitted that if the petitioner is transferred to Saharanpur, he would be unable to look after his ailing wife, who is suffering with serious disease, therefore, submission is that the authorities may be directed to review the transfer order dated 22.11.2025. Learned counsel appearing for the respondent-corporation has opposed the contentions aforesaid and submits that there is no legal impediment in transferring the petitioner from District Barabanki to District Saharanpur. He submitted that so far as the serious ailment of the petitioner's wife is concerned, that can be looked into. Be that as it may, without entering into the merit of the case, the petitioner is given liberty to move a fresh representation within period of 10 days, and if Versus Counsel for Petitioner(s) : Arpan Prakash Srivastava, Saurabh Dwivedi Counsel for Respondent(s) : C.S.C., Alok Saran, Neerav Chitravanshi Neeraj Singh Garg .....Petitioner(s) State Of U.P. Thru. Prin. Secy. /Addl. Chief Secy. Deptt. Of Energy Lko. And 2 Others .....Respondent(s) such representation is moved within aforesaid period, the respondent no. 2/Chairman, U.P. Power Corporation Ltd, Lucknow, is hereby directed to consider and decide the same, within a period of four weeks, looking into the averments made in paragraph no. 16 of the writ petition, wherein, it has been mentioned that petitioner's wife is suffering with breast cancer and her treatment is going on at Kanpur, in accordance with law, from the date, a certified copy of this order is produced before him. Until decision is taken, the order of transfer dated 22.11.2025 shall not be given effect. If the petitioner is relieved, he shall not be forced to join at the place of transfer. With the aforesaid observations, the instant petition is disposed of. December 4, 2025 Mayank WRIA No. 13883 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench