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2025 DAILYLAW 70068 (ALL)

MAHENDRA SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/8670/2025 · 2025-07-02

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103507 Court No. - 5 Case :- WRIT - A No. - 8670 of 2025 Petitioner :- Mahendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Brij Bhushan Upadhyay,Gulab Chandra Tiwari Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Gulab Chandra Tiwari, learned counsel for the petitioner, Sri P.K.Shahi, Additional Chief Standing Counsel for respondent nos.1 and 2 and Sri Shyam Mani Shukla, learned counsel for the respondent no.3. 2. Petitioner has challenged the transfer order dated 14.6.2025 essentially on ground that he will be retiring on 31.3.2026 i.e. within nine months and it would be difficult for him to shift the establishment from Jhansi to Agra. 3. Learned counsel for the petitioner submits that a representation has been filed to reconsider petitioner's transfer order as well as he specifically refers sub-clause (v) of paragraph 5 of transfer policy dated 6.5.2025. For reference, same is reproduced hereinafter: "02 वरर मम ससेववाननिववृत्त हहोनिसे ववालसे सममूह 'ग' एववं 'घ' कसे कवानमरककों कहो उनिकसे गवृह जनिपद एववं सममूह कवा एववं 'ख' कसे कवानमरककों कहो उनिकसे गवृह जनिपद कहो छहोड़तसे हह , इचचछत जनिपद मम ततैनिवात करनिसे पर यथवासम्भव नवचवार नकयवा जवाय। इसकसे ललयसे पमूवर मम उस मण्डल। जनिपद मम उसककी ततैनिवातती अवलधि कहो सवंजवानि मम नि ललयवा जवायसे।." 4.Learned counsel for the respondents submit that petitioner's representation will be considered in light of above referred transfer policy and aforesaid factor that petitioner is going to retire within few months will also be taken note of. 5. In the aforesaid circumstances, this writ petition is disposed of with a direction that petitioner's representation will be considered in a sympathetic manner taking note of above referred transfer policy as well as that he has left with few months services only, within a period of 8 weeks and during this period petitioner will not be forced to join at the transferred place and he will continue to work at his original place of posting. Order Date :- 3.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad