ARJUN SINGH, CONSTABLE v. THE STATE OF U.P. AND 4 OTHERS
WRIA/3310/2025 · 2025-03-17
Ajit Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29468 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29468 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38018 Court No. - 4 Case :- WRIT - A No. - 3310 of 2025 Petitioner :- Arjun Singh, Constable Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Atipriya Gautam,Sneh Madhur,Vinod Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Divya Jyoti, learned counsel for the petitioner as well as learned Standing Counsel. In this petition, petitioner is aggrieved by the order dated 25.02.2025, whereby, he has been transferred from Kanpur Nagar to Shrawasti in administrative exigency. The contention advanced by learned counsel for the petitioner is that the petitioner was earlier transferred from Unnao to Kanpur Nagar on compassionate ground as his father was quite aged and ailing, suffering from Blood Presser and low vision and also his mother has sciatica problem. In such circumstances, it is claimed that petitioner has just spent 14 months' time that he has been transferred again.
Learned counsel for the petitioner has also placed reliance upon a Division Bench judgment of this Court in the case of Ram Bharat Verma v. State of U.P. and others, 2007 (69) ALR 552, wherein the division bench has held that if the transfer has been made on compassionate ground then only under compelling circumstances a person should be transferred to another place before the reasonable time expires. Sri Gautam, learned Senior Advocate submits that the petitioner can be permitted to stay at least till April 2026 to look after his ailing parents and then he will himself accept transfer. In the given facts and circumstances of the case, this petition stands disposed of with direction that in the event petitioner gives an undertaking before the respondent no. 4 within a period of two weeks from today that he would be happily accepting the transfer, if made in the Session 2026-27, the order of transfer impugned
here in this petition dated 25.02.2025 shall remain stayed upto 30th April 2026. The respondents will be at liberty to pass appropriate transfer order thereafter.
Order Date :- 18.3.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad