KAMTA PRASAD SAROJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TECHNICAL EDUCATION LUCKNOW AND 2 OTHERS
/12097/2025 · 2025-10-14
Manish Mathur
body2025
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[ 2025 DAILYLAW 201322 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 201322 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12097 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 13.09.2025 rejecting petitioner's representation for posting at a particular place. (3) Earlier petitioner had filed Writ-A No. 7087 of 2025 which was
disposed of vide order dated 04.07.2025 directing authority concerned to take a decision on petitioner's representation. (4) Learned counsel for petitioner submits that despite directions issued by this Court for deciding petitioner's representation in the light of Government Order dated 06.05.2025, impugned order has been passed without any such consideration. It is submitted that difficulties indicated by petitioner in his representation have not been adverted to at all in impugned order. (5) Ms. Deep Shikha, learned Chief Standing Counsel has refuted
submissions advanced by learned Counsel for petitioner and submits that impugned order clearly indicates the fact that petitioner has been posted as a consequence of promotion and it does not come within realm of transfer and therefore the Government Order dated 06.05.2025 is inapplicable. It is also submitted that even otherwise, impugned order indicates that petitioner has been posted in his home district for past 25 Versus Counsel for Petitioner(s) : Akhilesh Kumar Pandey, Mohit Tiwari Counsel for Respondent(s) : C.S.C. Kamta Prasad Saroj .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education Lucknow And 2 Others .....Respondent(s)
years. (6) Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident from perusal of impugned order itself that petitioner's posting has been made as a result of his promotion and not as a mode of transfer. In such circumstances, relevant provision of Para - V of the Government Order dated 06.05.2025 would be inapplicable since it pertains to transfer. It is also evident that petitioner has spent more than 25 years in his home district due to which
order of posting was issued. (7) In such circumstances, this Court does not find good ground to grant indulgence. (8) In view of above, petition fails and is dismissed at the admission stage itself. Parties to bear their own costs. October 14, 2025 lakshman WRIA No. 12097 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench