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2025 DAILYLAW 183706 (ALL)

NITESH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 2 OTHERS

WRIA/13474/2025 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13474 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned state counsel for opposite parties. 2. Petition has been filed seeking following prayer:- " (1) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties (particularly opposite party no. 3) to transfer the petitioner or consider his case for transfer from the office of Chief Medical officer, Agra to Barabanki or Lucknow as the case of the petitioner is squarely covered by the terms and conditions [clause 5 specifically clause 5 (iii)) of the currently/freshly issued transfer policy dated 06/05/2025 issued by the state government for the annual transfers (2025-26) of officer/employees of the state government (Annexure No. 1) as well as by the letter dated 16/05/2025 issued by the opposite party no.3 (Annexure No. 2), forthwith/within specified time. ......." 3. It has been submitted that due to various family problems including ill health of family members, the petitioner had given his representation which has not been decided as yet. It is on that basis that petitioner is seeking transfer from office of the Chief Medical Officer, Agra to either to Barabanki or Lucknow. 4. Learned State Counsel has been provided written instructions dated 19th November, 2025, copy of which is taken on record and submits that petitioner has been posted in Barabanki for 22 years and is under current transfer to Agra only for the past four years and therefore he can not be posted in Barabanki in view of his earlier long stint. 5. Since factual aspect is required to be considered in terms of paragraph 12 Versus Counsel for Petitioner(s) : Vaibhav Srivastava Counsel for Respondent(s) : C.S.C. Nitesh Kumar Srivastava, .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And 2 Others .....Respondent(s) of the government order dated 6th May, 2024, liberty is granted to petitioner to make a fresh representation before opposite party No. 3 i.e. The Director (Administration), Medical & Health Services, Department of Medical, Health and Family Welfare, Lucknow in any adjoining district of Barabanki. In case such a representation is filed, the same is required to be decided within a period of six weeks from the date a certified copy of this order is produced before the said authority. 6. The petition stands disposed of. November 20, 2025 prabhat WRIA No. 13474 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench