HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12422 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 04.102.205 rejecting petitioner's representation for being posted in his home district in view of the fact that he has less than two years to superannuate. (3) Learned counsel has drawn attention to Government Order dated 06.05.2025, particularly paragraph - 5(v) thereof to submit that it has been specifically provided that government personnel who have less than two years to superannuate and come within categories 3 and 4, are required to be posted in their home districts. It is submitted that seeking such a benefit, petitioner had earlier filed Writ-A No. 10573 of 2025 which was disposed of vide order dated 11.09.2025 directing authority concerned to consider petitioner's grievance. In pursuance thereof, impugned order has been passed. (4) Learned counsel for petitioner submits that petitioner's representation has been rejected primarily on the ground that he has already spent more than 27 years in Lucknow Division as also the fact that currently in district Bulandshahar, 26 posts posts are lying vacant due to which petitioner is required to be continued in district Bulandshahar. It is submitted that such a reasoning is in violation of paragraph - 5(v) of the Versus Counsel for Petitioner(s) : Anurag Narain Srivastava, Chitrangada Narayan, Vartika Pandey Counsel for Respondent(s) : C.S.C. Dinesh Kumar Verma .....Petitioner(s) State Of U.P. Thru. Medical Health And Family Welfare Deptt. Lko. And Another .....Respondent(s) Government Order. (5) Learned State Counsel has been provided written instructions dated 27.10.2025, a copy of which is taken on record and on that basis, submits that petitioner has already spent 27 years of his service in district Sitapur due to which it was necessary to transfer him and in pursuance thereof, he has been transferred and posted at Bulandshahar. It is reiterated that there are 26 vacancies in district Bulandshahar due to which his continuance there is necessitated. It has also been submitted that conditions indicated in Government Order are merely in the nature of guidelines and do not provide any vested right to petitioner for particular posting. It is also submitted that the Transfer Session has already ended due to which also petitioner cannot be posted now in the home district. (6) Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that paragraph 5(v) of Government Order dated 06.05.2025 clearly indicates stipulation for posting of government employees in their home district where they have less than two years to superannuate. (7) Evidently the said provision is beneficial in nature for the purposes of such a government employee to prepare for his superannuation. No doubt, the aforesaid provision may be in the nature of a guideline but once a provision has been made in the Government Order, same can be deviated from in extremely cogent circumstances. (8) It is also evident that paragraph - 5(v) of the Government Order clearly stipulates that for such purposes, earlier posting and tenure thereof of the government employee shall be ignored. (9) In the present facts and circumstances of case, it is evident that petitioner's representation has been rejected primarily on the ground of his having been continued in his home town for past 27 years. Such a ground for rejection is clearly contradictory to the provisions of paragraph - 5(v) of the Government Order. (10) The impugned order also indicates the aspect of vacancies in district Bulandshahar and does not dispute the fact that vacancies are also evident WRIA No. 12422 of 2025 2 in home district of petitioner. The impugned order does not indicate that the nature of duties of petitioner is such that cannot be performed by any other government employee. (11) In view of discussion made here-in-above, impugned order dated 04.10.2025 is hereby quashed by issuance of a writ in the nature of Certiorari. Further writ in the nature of Mandamus is issued commanding opposite party No.2., Director (Administration), Medical and Health, Swasthya Bhawan, Lucknow who shall pass appropriate orders for posting of petitioner in his home district in the light of paragraph - 5(v) of Government Order dated 06.05.2025 within two weeks from the date of receipt of a certified copy of this order is served upon him. Only in case there are no vacancies of the said post in district Sitapur, petitioner may be considered for posting in any adjacent district. (12) With the aforesaid direction(s), petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. October 28, 2025 lakshman WRIA No. 12422 of 2025 3 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench