Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 70478 (ALL)

RAJESH MOHAN v. STATE OF U.P. AND 4 OTHERS

WRIA/8801/2025 · 2025-07-10

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:111381 Court No. - 32 Case :- WRIT - A No. - 8801 of 2025 Petitioner :- Rajesh Mohan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bhanu Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following main prayers:- "I. Issue a writ, order or direction in the nature of certiorari, quashing the impugned transfer order dated 14.06.2025 passed by the Additional Director, Medical Education and Training, U.P. 6th Floor, Jawahar Bhawan Lucknow/ respondent no.3 transferring the petitioner and the respondent no.5 Sri Anil Kumar vice versa from the Medical College, Prayagraj to Azamgarh and Azamgarh to Prayagraj; and also quash the consequential relieving and joining of Sri Anil Kumar from Azamgarh to Prayagraj if any by summoning the relevant record of the same if required from respondent no. 2 to 4 (Annexure No. 1 to the writ petition). II. Issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no. 2, 3 & 4 not to make any type of interference in peaceful functioning of the petitioner on the promotional post of Stenographer cadre i.e. PA Grade II in MLN, Medical College, Prayagraj and not to compel him to be relieved from said Medical College to join at Azamgarh till the date of his superannuation i.e. 30.04.2029 as per Government Orders dated 16.09.2021 & 16.02.2024 and make the disbursement of his regular salary month to month alongwith all types of admissible emoluments. III. Issue a writ, order or direction in the nature of mandamus commanding / directing the respondent no. 2 & 3 to command the respondent no.5 to be relieved from MLN, Medical College, Prayagraj and rejoin on the promotional post of Stenographer cadre in question i.e. PA Grade II at Government Medical College, Azamgarh till the fresh orders are passed in this regard by the respondent no. 2 & 3." 2. In compliance of order dated 07.07.2025, a personal affidavit has been filed by learned counsel for the petitioner, which is taken on record. 3. Learned counsel appearing on behalf of petitioner without entering into merits of the case, made an innocuous prayer that the petitioner may be permitted to file a fresh representation before respondent no.2 and a direction may be issued to him to decide the same in time bound manner. 4. Learned Standing Counsel appearing on behalf of the State- respondents vehemently opposed the writ petition on merits, but has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner. 5. Heard learned counsel appearing on behalf of the petitioner, Sri Dhirendra Pratap Singh, learned Standing Counsel appeared on advance notice on behalf of the State-respondents, perused the contents made in the writ petition and the documents on record. 6. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing Counsel appearing on behalf of the State- respondents. Learned counsel appearing on behalf of the petitioner is directed to file a fresh representation along with present writ petition as well as certified copy of this order before respondent no.2, Director General of Medical Education and Training U.P., Lucknow, within 10 days from the date of production of certified copy of this order. After receiving the said representation, respondent no.2 is directed to decide the said representation by a detailed reasoned order, after affording opportunity of hearing to both sides, in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receiving of the said representation. 7. Till the date of filing of representation before respondent no.2, the effect and operation of impugned order dated 14.06.2025 passed by the Additional Director, Medical Education and Training, U.P. 6th Floor, Jawahar Bhawan Lucknow, shall be kept in abeyance. 8. With the aforesaid directions/observations, the present writ petition is disposed of. . (Chandra Dhari Singh, J.) Order Date :- 11.7.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad