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Neutral Citation No. - 2025:AHC:86397 Court No. - 6 Case :- WRIT - A No. - 7256 of 2025 Petitioner :- Pradip Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Ajay Sengar, learned counsel for the petitioner and Sri S.P.Singh holding brief of Mrs.Archana Singh,for respondent nos.3 and 4. ,
2. Petitioner, an Assistant Teacher is seeking inter district transfer at the place where his wife an Assistant Teacher is working. 3. Petitioner has earlier approached this Court by way of filing Writ-A No.5891 of 2023, Pradeep Kumar Vs. State of U.P. & 3 Ors, Neutral Citation No.2023:AHC:103594, which was disposed of vide order dated 12.5.2023 that prayer of the petitioner be considered in light of direction passed by a co-ordinate Bench of this Court in a bunch of writ petition leading being Writ-A No.878 of 2022, Divya Goswami Vs. State of U.P. and 2 Ors and Aniruddha Kumar Tipathi Vs. State of U.P. & 5 Ors. 4. Learned counsel for the petitioner submits that against the order dated 12.5.2023, petitioner filed an application for inter district transfer on ground of spouse working at different place. However, when a decision was not communicated, he again approached this Court by way of filing a Contempt Application (Civil) No.1643 of 2024 and thereafter vide order dated 14.6.2023, representation of petitioner was rejected which is challenged in this writ petition. 5. Learned counsel for the petitioner submits that direction passed in Divya Goswami and Aniruddha Kumar Tipathi (supra), claim of petitioner was not considered and deferred on ground that it will be considered on basis of Online application in terms of transfer policy. 6. Learned counsel for the petitioner further submits that aforesaid reason is legally not sustainable and even in the absence of any transfer policy, prayer of the petitioner could have been
considered. 7. Learned counsel for the petitioner placed reliance on orders passed by this Court in Writ A Nos.5390 of 2025, Neutral Citation No.2025 AHC:63524 and 11140 of 2023, Neutral Citation No.2025 AHC:84605. 8. Learned counsel for the respondents submit that transfer policy is likely to be commenced and in view of earlier transfer policy, weightage can be given to the application for inter district transfer on basis that spouse is working at a different place. 9.
At this stage, learned counsel for the respondents submitted that in the interest of justice, this writ petition may be disposed of and in case the petitioner submits an Online application referring above grounds, same will be considered in accordance with law ignoring the impugned order and prayer of the petitioner will be considered taking note of Divya Goswami and Aniruddha Kumar Tipathi (supra). 10. Learned counsel for the petitioner submitted that he has no objection to the aforesaid submission. 11. In the aforesaid circumstances, since by the impugned order, no adverse order has been passed and the application of petitioenr is being deferred so much as that petitioner is permitted to file an Online application in terms of transfer policy, therefore, this writ petition is disposed of with liberty to the petitioner to file an Online application in germs of transfer policy and his case will be considered in accordance with law taking note of Divya Goswami and Aniruddha Kumar Tipathi (supra) as well as grounds mentioned for transfer of spouses working at different place. Order Date :- 22.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad