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2025 DAILYLAW 201003 (ALL)

SHASHI KUMAR SINGH v. STATE OF UP AND 8 OTHERS

SPLA/910/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 910 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard Sri Rakesh Pandey, learned Senior Counsel assisted by Sri Abhinav Pratap Singh for the appellant and Sri Vimlesh Kumar Rai for the respondents. 2. The present intra-court appeal is directed against an order dated 10.09.2025 passed by learned Single Judge in Writ-A No. 13403 of 2025 declining to interfere with the transfer order but reserving liberty in favour of the petitioner-appellant to represent to the authorities only after he had spent six months at the transferred place. 3. Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Abhinav Pratap Singh appearing for the appellant submits that the condition imposed by learned Single Judge would cause serious hardship to the petitioner-appellant and it has virtually rendered redundant the remedy available to the petitioner-appellant to represent to the higher authorities against his transfer order. He submits that the appellant would join at the transferred place within a week and he may be permitted to represent soon thereafter. 4. The Supreme Court in S.C. Saxena Vs. Union of India and others, MANU/SC/8925/2006, has held that an employee aggrieved by transfer order has to first join at the transferred place and then only his representation would be maintainable. Versus Counsel for Appellant(s) : Abhinav Pratap Singh, Sr. Advocate, Vishakha Pande Counsel for Respondent(s) : Vimlesh Kumar Rai, C.S.C., Suresh Singh Shashi Kumar Singh .....Appellant(s) State Of Up And 8 Others .....Respondent(s) 5. As the petitioner-appellant is ready to join the transferred place, we are of the opinion that after he joins, liberty should be given to him to make representation to the respondents about his hardships. 6. Consequently, we modify the order of learned Single Judge to the above extent. 7. It is needless to mention that in case any representation is filed, as aforesaid, it would be decided by the Competent Authority expeditiously, preferably within two weeks from the date it is made. 8. The appeal stands disposed of. October 15, 2025 gp SPLA No. 910 of 2025 2 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad