HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13041 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 challenging order dated 17.10.2025 whereby petitioner's representation for posting in his home town has been rejected. Prayer has also been made for a direction to opposite parties to consider petitioner's transfer to Lucknow or any other adjoining district. 3. It has been submitted that in view of the fact that petitioner having less than two years to superannuate, representation was preferred in terms of Paragraph - 5 (v) of the Government Order dated 06.05.2025, which not being decided, petitioner filed Writ-A No. 8103 of 2025 which was disposed of vide order dated 25.07.2025 directing the authority concerned to decide petitioner's representation seeking posting in District Lucknow. The same has been rejected primarily on the ground that in case of petitioner's transfer, it would affect the smooth functioning of the office concerned in district Auraiya where he has been transferred. 4. It is submitted that once there is a provision in the Government Order dated 06.05.2025 for posting of such personnel as petitioner in their home districts who are due to retire within two years, it was incumbent upon opposite parties to have considered the same. 5. Learned State Counsel has refuted submissions advanced by learned Versus Counsel for Petitioner(s) : Mayankar Singh Counsel for Respondent(s) : C.S.C. Ram Shankar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education Lko. And 3 Others .....Respondent(s) counsel for petitioner with the submission that petitioner does not have any vested rights for any particular posting and the Government Order dated 06.05.2025 even otherwise is only in the nature of a guideline. It is submitted that the impugned order clearly indicates the fact with regard to vacancies in district Auraiya where petitioner has been transferred and difficulties which could arise in case his transfer order is cancelled. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the facts indicated here-in-above are evident and admitted, particularly the fact that impugned order has been passed primarily on the ground that in case petitioner's transfer order posting in district Auraiya is cancelled, it would affect smooth functioning in the said district. 7. A perusal of paragraph - 5 of the Government Order dated 06.05.2025 however makes it evident that so far as government personnel who are in Class - III are concerned, they are required to be posted in their home districts if they have less than two years to superannuate. 8. By means of the impugned order, petitioner's representation has been rejected primarily on the ground of functioning being affected in district Auraiya in case petitioner's representation is allowed. 9. In the considered opinion of this Court, once there is a provision indicated in paragraph - 5 of Government Order dated 06.05.2025, it was incumbent upon the authority concerned to have considered and decided petitioner's representation in light thereof and not to have ignored the said provision. 10. The impugned order dated 17.10.2025 having not taken note of the aforesaid provision of the Government Order, it is therefore vitiated and is hereby quashed by issuance of a writ in the nature of Certiorari. Further writ in the nature of Mandamus commanding the opposite party No.1, i.e., State of U.P. through Additional Chief Secretary, Department of Basic Education, Govt. of U.P., Civil Secretariat, Lucknow or any competent authority to re-consider petitioner's grievance in the light of paragraph - 5 of the Government Order dated 06.05.2025 and to consider petitioner's posting either in his home district of Lucknow or in case there is no WRIA No. 13041 of 2025 2 vacancy, to consider posting in any adjoining district of Lucknow. Decision with regard to the same shall be taken within a period of three weeks from the date a certified copy of this order is served upon the said authority. 11. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. November 11, 2025 lakshman WRIA No. 13041 of 2025 3 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench