ASHISH KUMAR (HEAD CONSTABLE) , PNO-062542337 v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
/13871/2025 · 2025-12-08
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199414 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199414 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13871 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. Supplementary affidavit filed today is taken on record. 3. Present petition under Article 226 of Constitution of India has been filed challenging order dated 15.10.2025 whereby petitioner's grievance for posting in either of the three options, viz. Meerut, Moradabad, Aligarh have been rejected. 4. It is submitted that earlier as well petitioner had filed Writ - A No. - 9469 of 2025, which was disposed of vide order dated 25.08.2025 directing authority concerned to consider petitioner's grievance with regard to posting in the said three ranges in view of fact that petitioner's wife is suffering from Polycystic ovarian disease and has been undergoing treatment in New Delhi but due to petitioner's current posting in District Azamgarh, he is facing great difficulty with regard to such treatment. 5. Learned State Counsel has been provided written instructions dated 03.12.2025, a copy of which is taken on record, and only indicates the fact that currently there is shortage of police personnel in District Azamgarh due to which it is conducive to continue his posting in the said District. Versus Counsel for Petitioner(s) : Pushpendra Kumar Sharma, Gurucharan Kashyap Counsel for Respondent(s) : C.S.C. Ashish Kumar (Head Constable) , Pno-062542337 .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s)
6. However, a perusal of impugned order as well as instructions provided to learned State Counsel, it is evident that there is absolutely no discussion with regard to petitioner's grievance of being posted in aforesaid three Ranges. 7. In considered opinion of this Court, once a direction had been issued by this Court to authority concerned to consider and decide petitioner's grievance, it was incumbent upon said authorities to have discussed the same. 8. The impugned order having not made any shred of discussion with regard to such grievance, the said order dated 15.10.2025 is hereby quashed by issuance of a writ in the nature of Certiorari. Further direction is issued to opposite party no.2 i.e. Inspector General of Police (Establishment), Uttar Pradesh, District Lucknow to consider petitioner's grievance afresh with regard to aforesaid three options given by him in light of medical treatment of his wife.
Appropriate orders shall be passed expeditiously within a period of two weeks from receipt of a certified copy of this order. 9. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. December 8, 2025 kvg/- WRIA No. 13871 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench