DR. SANJEEV KUMAR v. THE STATE OF U.P. AND 2 OTHERS
WRIA/8519/2025 · 2025-07-14
Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68070 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68070 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:113170 Court No. - 38 Case :- WRIT - A No. - 8519 of 2025 Petitioner :- Dr. Sanjeev Kumar Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J.
1. The present writ petition is filed for the following relief;-
"(i) issue writ, order or direction in the nature of certiorari, quashing the impugned transfer order dated 05.06.2025 SI.No.60 (Annexure No.1 to this writ petition) passed by the Respondent No.2 as per it relates with petitioner only. (ii) Issue writ, order or direction in the nature of mandamus commanding the Respondents not to take any action against Petitioner in pursuance of the impugned transfer order dated 05.06.2025 passed by the Respondent no.2, as per it relates with petitioner only."
2. The learned counsel for the petitioner has submitted that the impugned order dated 05.06.2025 is illegal and arbitrary. As the petitioner initially appointed on the post of Lecturer (Physical Education) and joined his duties on 19.06.2009 at Government Girls Degree College, Sirsaganj, Firozabad, and the petitioner has continued in the said post till 2023. The petitioner services were transferred vide order dated 27.06.2023 from Sirsaganj, Firozabad to Awalkheda, Agra i.e. present working place of petitioner. 3. The petitioner has also submitted that the petitioner's wife Dr. Anita is also working in the same Institution as Assistant Teacher. Apart from that the son of the petitioner namely Sanidhya Kumar aged about 12 years is affected by disease (ADHB) Autisam a type of mental disorder and mental retardation. As the son of the petitioner is a special child therefore, requires regular presence of the parents. 4. In compliance to the above transfer order though, the petitioner has relieved and joined at the new place but the petitioner has made representation before the before the respondents. Apart from all the above, still there are vacant posts in the same Institution and nearby places. Learned counsel further submitted that the said transfer order is contrary to
Clause 5.3(iii). Considering that the said aspects were brought to the notice of the authorities by way of representation dated 05.06.2025 and 12.06.2025, but the respondents have neither considered nor passed any order. 5.
Learned counsel appearing on behalf of the respondents on instructions has submitted that as the petitioner has completed 14 years of service in the region Agra therefore, as per Clause 2(1), the persons those who have completed 14 years in a particular region are to be transferred to other place. 6. Considering the submissions made by both the counsels, there shall be an interim mandamus to the respondent nos. 1 and 2 to consider the representation of the petitioner dated 05.06.2025 and 12.06.2025 by taking the special circumstances of a special child and also the working spouse and pass appropriate order. If possible the petitioner transfer will be considered to the nearby Institution, within a period of four weeks from the date of a receipt of a copy of this order. 7. Accordingly, the present writ petition is disposed of. Order Date :- 15.7.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad