AMARENDRA TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES DEPTT. LKO. AND ANOTHER
/14301/2025 · 2025-12-15
body2025
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[ 2025 DAILYLAW 185360 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185360 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14301 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 01.12.2025 whereby petitioner's representation for transfer from Fatehpur to Moradabad in terms of Government Order dated 06.05.2025 providing for couple transfer has been rejected.
3. It appears that earlier petitioner had filed Writ - A No. - 9464 of 2025 seeking the same benefit. The said petition was disposed of vide order dated 25.08.2025 directing authority concerned to pass appropriate orders. It is in pursuance thereof that the impugned
order has been passed.
4. Learned State Counsel has opposed the petition.
5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, however, it appears that the representation has been rejected only on ground that transfer session has been completed and therefore petitioner's request cannot be considered.
6. In the considered opinion of this Court, once a direction has been issued by this Court to concerned authority for considering petitioner's Versus Counsel for Petitioner(s) : Purusottam Awasthi Counsel for Respondent(s) : C.S.C. Amarendra Trivedi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Deptt. Lko. And Another .....Respondent(s)
grievance in light of Annual transfer policy for year 2025-26, particularly Clause 5 (iii) thereof, it was incumbent upon authorities concerned to have considered the same. Once a direction has been issued by this Court, there was no occasion for authority concerned not to have made consideration of petitioners grievance in light of Clause 5 (iii) of Government Order dated 06.05.2025
7. It is also noticeable that despite the fact that directions had been issued by this Court on 25.08.2025 but has taken authority almost three months to decide the representation that too without
consideration of the directions.
8. Since consideration of petitioner's grievance in light of aforesaid provisions of Government Order has not been done, the order impugned dated 01.12.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite party no.2 i.e. Commissioner, Food and Civil Supplies Department U.P., Lucknow to pass orders afresh in light of directions issued by this Court dated 25.08.2025 within a period of two weeks from the date a certified copy of this order is served upon the said authority.
9. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 15, 2025 kvg/- WRIA No. 14301 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