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2025 DAILYLAW 183767 (ALL)

PRABHAT KUMAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND ANOTHER

/13912/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13912 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. The present petition has been filed challenging order dated 14.06.2025 whereby his representation for being posted in District Gorakhpur has been rejected. 3. It has been submitted that earlier petitioner had filed Writ A No.3146 of 2025 which was disposed of vide order dated 12.03.2025 directing authority concerned to consider petitioner's request in view of the fact that his wife is suffering from spinal injury and is 50% disabled. 4. It is submitted that in pursuance thereof petitioner has submitted representation dated 20.03.2025 specifically taking the plea that he is liable to be exempted from transfer or to be transferred in terms of his options in view of paragraph 5 (iv) of the Government Order dated 06.05.2025. 5. It is submitted that the impugned order has been Versus Counsel for Petitioner(s) : Rahul Roshan Dubey, Amit Kant Saxena Counsel for Respondent(s) : C.S.C. Prabhat Kumar Dubey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And Another .....Respondent(s) passed rejecting the application only on the ground that he has been posted in District Gorakhpur for the past 19 years. 6. It is submitted that despite such specific plea being taken, the opposite parties have not considered the same. Even at present there are nine posts vacant in District Gorakhpur. 7. Learned State counsel has refuted submissions advanced by learned counsel for petitioner with the submission the impugned order has clearly adverted to the fact that treatment of petitioner's wife can be effected in Mahoba as well. It is submitted that petitioner having spent past 19 years of service in District Gorakhpur, he cannot be continued in the same place interminably. 8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident that in terms of directions issued by this Court, the impugned order has been passed rejecting petitioner's representation primarily on the ground of his having been posted in District Gorakhpur for the past 19 years. Although the aspect of disability of petitioner's wife has not been specifically considered but in view of the fact that almost six months have passed since passing of the impugned order, at this stage, this Court is not inclined to grant any indulgence particularly in view of the reasons indicated in the impugned order. 9. However liberty is granted to petitioner to make the said prayer in the next annual routine transfer in June, 2026 which shall be considered and decided by the authority concerned in terms of Rules existing at that time. WRIA No. 13912 of 2025 2 10. With the aforesaid directions, the petition stands disposed of. December 2, 2025 Subodh/- WRIA No. 13912 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench