Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106076 Court No. - 4 Case :- WRIT - A No. - 8603 of 2025 Petitioner :- Dr. Sarita Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ankit Mishra,Rakesh Kumar Tripathi,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Shri Sambhu Chopra, learned Senior Advocate assisted by Shri Rakesh Kumar Tripathi, learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for quashing of the order of transfer dated 15.06.2025 whereby she has been transferred from Mainpuri to Kanpur Dehat. 3. It is contended on behalf of petitioner by learned Senior Advocate that petitioner has two children of 11 and 14 years of age and her husband is also a dental surgeon currently posted at district Mainpuri and she has also to look after her ailing parents in-laws. It is also submitted that as per transfer policy there is good and sufficient ground available to the petitioner to press her request to be retained at Mainpuri for some more time. 4. Learned Standing Counsel on the contrary submits that petitioner has stayed for more than fourteen years in a division and hence deserved to be transferred inasmuch as Kanpur Dehat is not such a distant place which may warrant any consideration by this Court by interfering with the transfer order on equity. It is further submitted that transfer order is general in nature and any interference with the individual case may cause prejudice to other persons who have been named in the transfer list. 5.
Be that as it may since the transfer policy itself provided for spouses to be retained at the same place of posting as far as possible as contained in clause 5(3) of the transfer policy brought into force on 06.06.2025, inasmuch as the children of the petitioner are studying in schools at Mainpuri where the husband and parent in-laws are residing I consider it appropriate that a sympathetic consideration may be accorded to the request of the petitioner to be retained at Mainpuri for at least next academic session if there is no legal impediment,
more especially in the circumstances where petitioner claims that there is also a request made by another medical officer for being transferred to Kanpur Dehat and so the state will not be suffering in any manner in respect of the administrative exigency as well as public interest to serve the people through these medical officers in the state run medical hospital and the community centers. 6. Accordingly I hereby direct the petitioner to make representation afresh before the competent authority, namely respondent No. 2 annexing therewith all the requisite documents along with certified copy of this order within two weeks from today and in the event any such representation is made the same shall be considered and disposed of by the respondent No.2 by means of reasoned and speaking order within a further period of four weeks. Order Date :- 7.7.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad