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2025 DAILYLAW 69251 (ALL)

DR. ANITA SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/8610/2025 · 2025-06-30

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100703 Court No. - 4 Case :- WRIT - A No. - 8610 of 2025 Petitioner :- Dr. Anita Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kaushal Kishore Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.` Instructions placed today in Court is taken on record. Heard Sri Kaushal Kishore Mishra, learned counsel for the petitioner and learned Standing Counsel for the State. Learned counsel for the petitioner is permitted to correct the status of respondent no. 2 in the array of parties forthwith. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the transfer order dated 15.06.2025, whereby, she has been transferred from district Kaushambi to district Ballia. It is contended on behalf of the petitioner that as per government own transfer policy, as far as possible husband and wife are to be posted at same place and since now the husband of the petitioner continues to be posted at Kaushambi, she may not be transferred to a distant place Ballia which is about 400 kms away. It is next contended that the only child is studying in a reputed sports school in Prayagraj and therefore, it is not in the interest of justice to transfer the petitioner at this stage. It is also claimed that the petitioner's mother is aged about 80 years and ailing from several old age disease. It is further argued that petitioner being an elected office bearer of doctors' union in the district also stands covered from the general policy of transfer under new transfer policy. Per contra it is argued by learned Standing Counsel that it is a general order of transfer and this Court should not interfere in such order of transfer which have been made in public interest as it will affect the interest of other employees who have been transferred under same transfer order. However, he is not averse to a direction being issued to an authority in the matter to look into and consider the representation, if made by the petitioner, by according due sympathetic consideration to her request. It is also contended that petitioner has continued to remain posted in Prayagraj Division and therefore, she is very much liable to be transferred. In view of the above, this petition stands disposed of with a direction to the respondent no. 2 to look into and consider the representation of the petitioner dated 17.06.2025 sympathetically more so in the light of provisions as contained in the transfer policy that as far as possible husband and wife should be posted at one place and appropriate orders shall be passed as expeditiously as possible preferably within a period of six weeks of presentation of certified copy of this order Needless to add the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 1.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad