Neutral Citation No. - 2025:AHC:87875-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 38 of 2025 Appellant :- Smt. Lalita Singh Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Lokesh Kumar Dwivedi,Rajneesh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Appellant is aggrieved by dismissal of her writ by the learned Single Judge treating it to be a case of transfer. Learned Single Judge has observed that petitioners have been transferred to Meerut and Gorakhpur but they want to continue at Kanpur. Learned Single Judge has observed that transfer is an incident of service and, therefore, no interference is warranted. 2. Learned counsel for the appellant submits that the controversy before the learned Single Judge was distinct. 3. It transpires that the appellant was one of the petitioner in writ who was working as nursing staff in Medical College at Kanpur. She was promoted to the post of nursing sister. Posting to the promoted post had to be made on the basis of option exercised by candidates based upon their merits. The appellant has been transferred from Kanpur to Meerut. She has also joined at Meerut and is working. 4. Learned counsel for the appellant submits that all available posts in different medical colleges were not included in the counseling as a result of which, the appellant is prejudiced, inasmuch as, her case for placement could not be considered despite at Kanpur availability of sufficient number of posts at Kanpur itself. 5. Learned Standing Counsel submits that the inclusion of posts in the counseling was based upon the requirement of work in different hospitals and the appellant cannot claim that she be allowed to continue at Kanpur itself. Prior to her promotion also, she was working at Kanpur. 6. It is a matter of common knowledge that there is a comparative shortage of nursing staff in most of the districts. In such circumstances, it is always open for the employer to include requisite number of posts in counseling so that the available staff is appropriately distributed to serve most of the districts. Even otherwise, it is not obligatory upon employer to fill up all the promotional posts that are available. The discretion exercised by the respondents in including only part of the available posts in the counseling is otherwise not alleged to be based on any malafide consideration. 7. In such view of the matter, we do not find any occasion to interfere in the present appeal, accordingly, appeal is dismissed. 8. Dismissal of this appeal however will not preclude the appellant to claim transfer in terms of the policy, which shall be accorded consideration in accordance with law. Order Date :- 22.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad