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2025 DAILYLAW 69092 (ALL)

SMT. MAMTA CHAUDHARY v. STATE OF U.P. AND 3 OTHERS

WRIA/8649/2025 · 2025-09-21

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 8649 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard Sri Ajay Kumar Jagdish, learned counsel for the petitioner, Sri Vivek Kumar Singh, learned counsel for respondent no. 4 as well as learned Standing Counsel for the State respondents. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order of transfer as well as relieving dated 15.06.2025 and 19.06.2025, whereby, petitioner was transferred to Block from Varanasi to Kanpur and respondent no. 4 who was transferred earlier to Kushinagar was repatriated to Varanasi. It is argued by learned counsel for the petitioner that this transfer order was bad for the reason that respondent no. 4 himself had earlier requested for being posted at any nearby station to district Lucknow, where treatment of his wife for cancer was going on and hence petitioner's transfer to Varanasi would not have prejudiced him and he could have been adjusted at any other place as per wish and request made by him. Per contra it is argued by Sri Vivek Kumar Singh, learned Advocate that earlier application was made in the year 2024 requesting for transfer to a nearby district to Lucknow but subsequently since he stood transferred to Varanasi and had joined there and his wife's treatment got facilitated at Varanasi itself there being Tata Institute of Cancer, he had no more any issue. This Court on 02.07.2025 had required learned Standing Counsel to obtain instructions as to whether there is any vacancy available in any nearby Versus Counsel for Petitioner(s) : Ajay Kumar Jagdish, Sr. Advocate Counsel for Respondent(s) : C.S.C., Vivek Kumar Singh Smt. Mamta Chaudhary .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) district to district Lucknow where respondent no. 4 could be adjusted. Sri P.K. Srivastava, learned Additional Chief Standing Counsel, has obtained instructions and as per the instructions the vacant position is only in the districts of Kasganj, Mahoba and Pilibhit which admittedly are distant places from Lucknow. The Court is also of the considered view that a person who is having his wife going under medical treatment for a deadly disease like Cancer, his case on medical issue stands on special footing and needs sympathetic consideration. Under such circumstances, therefore, if the petitioner has been repatriated to Kaushambi and respondent no. 4 has been adjusted back at Varanasi, it should not cause any prejudice to petitioner. In such circumstances, therefore, I see no justification to interfere with the order of transfer and reliving issued in favour of the petitioner transferring him back to Kaushambi where he has also joined. Petition accordingly fails and is dismissed. September 22, 2025 IrfanUddin WRIA No. 8649 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad