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Neutral Citation No. - 2025:AHC:107529 Court No. - 4 Case :- WRIT - A No. - 8889 of 2025 Petitioner :- Suresh Chandra Chak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhileshwar Pratap Singh,Santosh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for petitioner and learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution petitioner has questioned the transfer order dated 12.06.2025 whereby he while working on pay roll as Inspector Home Guard has been transferred from Agra to Varanasi whereas there being only 50 sanctioned posts, five persons having been already transferred on 11.06.2025, 10% quota as per transfer policy dated 06.05.2025 has stood exhausted.
3. It is submitted by learned counsel for petitioner that there being no existing vacancy at Varanasi, petitioner should not have been transferred.
4. Learned Standing Counsel has placed instructions before the Court according to which after 10 % quota was completed consent/ approval was obtained from the minister of the department concerned and it is upon his approval only that petitioner has been transferred on 12.06.2025.
5. Learned counsel for petitioner submits that since the Hon'ble Minister has already accorded approval to the transfer of the petitioner, petitioner cannot take any plea of violation of transfer policy. However, in so far as the plea regarding non-availability of post at Varanasi is concerned petitioner may make representation before the competent authority, namely respondent No. 2 who may pass appropriate orders.
6. In view of the above, this petition stands disposed of with the direction to the petitioner to make representation against the transfer order dated 12.06.2025 raising all his grievance before the
respondent No. 2 within a period of two weeks from today and in the event he makes representation the same is directed to be
disposed of within a further period of four weeks by means of a reasoned and speaking order.
Order Date :- 8.7.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad