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Neutral Citation No. - 2025:AHC:103024 Court No. - 4 Case :- WRIT - A No. - 8667 of 2025 Petitioner :- Dr. Rajeev Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Chandra Dubey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Satish Chandra Dubey, learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has challenged the order of transfer dated 15.06.2025 which is general in nature made either in public interest or administrative exigency on recommendation of the Committee duly constituted for the purpose and the petitioner's name appear at Serial No.193.
3. It is contended by learned counsel for the petitioner that the petitioner though had applied for request in advance to be transferred at a desired station but that has remain unconsidered. The petitioner has been transferred from district Amroha to Shahjahanpur. Two grounds have been taken by
learned counsel for the petitioner to assail the transfer order which are as follows: a) Petitioner's wife is working as teacher in a school of Basic Siksha Parishad, Moradabad, and b) He has been elected as office bearer of the association of employees namely, Doctors.
4. Per contra, learned Standing Counsel states that no where in the writ petition, petitioner has disclosed that he has been elected first time as President of the Office Union and further submits that petitioner's wife being Assistant Teacher would continue to remain posted at Moradabad and this therefore,
cannot be a reason to give posting to the petitioner to Moradabad or nearby district.
5. Having heard learned counsel for the parties and having perused the record, I find substance in the argument advanced by learned Standing Counsel for the State that petitioner's wife being Assistant Teacher in the School of Basic Siksha Parishad, he could not claim to remain posted at station or nearby district to the district of posting of his wife. Since the petitioner is working on a transferable post, therefore, he can be transferred in public interest or administrative exigency. There is no pleading in the writ petition that petitioner was holding the post of President of the Office Union for the first time.
6. In view of the above, I consider it appropriate for the petitioner to raise plea of his grievance by means of a representation which shall be filed within two weeks of production of certified copy of this order before the competent authority who shall be passing final order within a further period of four weeks looking to the provisions as contained under the transfer policy.
7. With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 3.7.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad