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Neutral Citation No. - 2025:AHC:83907 Court No. - 4 Case :- WRIT - A No. - 6946 of 2025 Petitioner :- Smt. Shashi Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Niharika Singh Parihar,Suresh Chandra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Suresh Chandra, learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has assailed the order of transfer dated 09.12.2024 on the ground that the petitioner is entitled to continue at the station where his wife is posted and since wife is posted at Chandauli, accordingly he may be permitted to retain his posting at Chandauli.
3. It is contended on behalf of the petitioner that as per the transfer policy quoted in the Government
Order dated 11.06.2024 husband and wife both as far as possible may be posted at same station.
Learned counsel for the petitioner has also placed reliance upon a Division Bench Judgment of this Court in the case of Jitendra Singh v. State of U.P. and another (Special Appeal No.564 of 2024) in which it has come to be observed that the Government Order claims to be the Government policies to be the binding effect and is so far as policy decision is concerned, it should be strictly adhered to unless there are circumstances which such compliance cannot be made.
4. Meeteing the above submissions, learned Standing Counsel submitted that the petitioner has already stood relieved pursuant to the order dated 09.12.2024 and she should first join her place of
posting and then make representation which shall be
disposed of in accordance with law.
5. Learned counsel for the petitioner could not dispute the aforesaid facts.
6. In view of the above, this petition stands disposed of with direction to the petitioner to make a fresh representation within two weeks from today after reporting joining at the transferred station and in the event he makes representation as directed hereinabove, his representation shall be considered and decided in the light of the Government Policy under the Government Order dated 11.06.2024 as well as the judgment of this Court in the case of Jitendra Singh (Supra) and other circular letters applicable to the police department, within a further period of four weeks.
Order Date :- 19.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad