Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108100 Court No. - 4 Case :- WRIT - A No. - 9042 of 2025 Petitioner :- Mohiuddin Khalid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manu Khare Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of the Constitution of India, petitioner has questioned the order of transfer dated 15.06.2025 whereby he has been transferred from Prayagraj to Banda.
3. It is submitted by learned counsel for the petitioner that the petitioner has only six months to go in his retirement and hence he should have been made to continue at the current place of posting giving benefit under the new Government Policy framed for transfer purpose on 06.05.2025. It is further submitted that the officers of Group "A" and Group "B" may be transferred if they have worked for three years, in case equivalent posts are available even prior to the prescribed period. The petitioner has served as a Group "B" officer only for a period of four months and 11 days. It is also submitted that the wife of the petitioner is already posted at Prayagraj and hence on the principles of posting of spouses at one place, petitioner should have been continued at Prayagraj. It is further submitted that the petitioner is also undergoing treatment at S.G.P.G.I., Lucknow and transfer at this stage will cause prejudice to the petitioner in his treatment. The said plea it taken by the petitioner under paragraph no.26 of the writ petition.
3. Learned Standing counsel has no objection in case if petitioner's representation is directed to be decided by the concerned competent respondent in a
time bound period and in accordance with law provided petitioner makes a fresh representation.
4. In view of the above, this petition stands
disposed of with direction to the petitioner to make a fresh representation regarding his claim before competent respondent authority i.e. respondent no.2 within a period of two weeks, the same shall be looked into and considered and also disposed of as expeditiously as possible preferably within a further period of six weeks by means of reasoned and speaking order.
5. It is made clear that the order to be passed shall be in terms of the transfer policy dated 06.05.2025.
6. For a period of eight weeks or till the decision is taken by the competent authority in the matter, whichever is earlier, the petitioner shall not be relieved pursuant to the transfer order dated 15.06.2025, if has already not been relieved.
Order Date :- 9.7.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad