Neutral Citation No. - 2025:AHC:66194 Court No. - 6 Case :- WRIT - A No. - 12757 of 2014 Petitioner :- Naresh Kumar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Rai,Vinay Kumar Rai Counsel for Respondent :- Yatindra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Amit Kumar Rai, learned counsel for petitioners and Sri Yatindra, learned counsel for respondents. 2. Petitioners are responsible to put themselves in a situation where they have to rush this Court. Admittedly, petitioners have given an option for transfer from District Gonda to District Bulandshahar on the post of Assistant Teacher, which were accepted. 3. During proceedings, petitioners were promoted vide order dated 31.05.2013 with a specific direction to join between 01.07.2013 and 06.07.2013 at another school in District Gonda, however, admittedly, they have not opted to join and waited for transfer, probably they were much interested in transfer instead of joining at promotional post in a different school. 4. In aforesaid circumstances, since petitioners have not opted their promotional post, therefore, they were transferred at Bulandshahar on post of Assistant Teacher being relieved in same capacity from earlier school and at that stage, they approached concerned Authority that they may be allowed to join on promotional post at transferred school. A reasoned order was passed on basis of direction passed by this Court in earlier round of litigation that since petitioners have not joined on promotional post and have been transferred as Assistant Teacher, therefore, said benefit of promotion cannot be granted and they will have to wait for promotion according to seniority at transferred school. 5. Learned counsel submits that it was a malafide action of respondents that petitioners were not allowed to join at transferred place on promotional post as well as it was an arbitrary action citing an example of another teacher, however, Court is not convinced since admittedly petitioners have not made any averment in this writ petition that they have tried to join at promotional post at different school between relevant period, therefore, probably, petitioner has opted transfer instead of joining at promotional post in different school at same district and since petitioners have themselves ignored their promotional order, therefore, after getting transfer at Bulandshahar, they have no locus to revive their promotional post which they have admittedly not opted. 6. Accordingly, this Court does not find any reason to interfere with impugned order, hence, writ petition lacks merit and is dismissed. 7. However, this order will not come in the way if the petitioners are entitled for promotion at transferred place. Order Date :- 29.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad