HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12479 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed challenging order dated 09.10.2025 rejecting petitioner's representation for being posted in the Home District of Budaun in view of the fact that he has less than two years to superannuate. 3. It has been submitted that earlier petitioner had filed Writ A No.8486 of 2025 which was disposed of vide order dated 10.09.2025 issuing direction to concerned authority to decide petitioner's representation and impugned order has been passed in pursuance thereof rejecting the application. 4. It has been submitted that the impugned order has been passed primarily on the ground that petitioner has already been posted in District Budaun for the past 35 years as also the aspect that petitioner does not have any vested right for being posted in a particular place. 5. It is submitted that the impugned order is clearly violation of paragraph 5(v) of the Government Order dated 06.05.2025 which specifically provides that a Government Employee coming within category III & IV can seek posting in the Home District in case the date of superannuation is within two years. Attention has also been Versus Counsel for Petitioner(s) : Anurag Narain Srivastava, Chitrangada Narayan, Vartika Pandey Counsel for Respondent(s) : C.S.C. Arun Kumar .....Petitioner(s) State Of U.P. Secy. Medical Health And Family Welfare Deptt. And Another .....Respondent(s) drawn to said paragraph to submit that for the said factor, previous tenure of posting in a particular place is to be ignored but impugned order has been passed in violation of the said condition. 6. Learned State counsel has been provided written instructions dated 27.10.2025, which are taken on record and as per which it is reiterated that petitioner does not have any vested right for seeking any particular posting. It is also submitted that paragraph 5 (v) of the Government Order is only in the nature of a guideline and would not provide any vested right to petitioner particularly since the transfer session has already ended. 7. 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 his home district where he has less than two years to superannuate. 8. 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. 9. 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. 10. 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 35 years. Such a ground for rejection is clearly contradictory to the provisions of paragraph - 5(v) of the Government Order. 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 09.10.2025 is hereby quashed by issuance of a writ in the nature of WRIA No. 12479 of 2025 2 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 Budaun, 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 Subodh/- WRIA No. 12479 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench