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2025 DAILYLAW 71901 (ALL)

YOGENDRA KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/9289/2025 · 2025-07-09

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110629 Court No. - 4 Case :- WRIT - A No. - 9289 of 2025 Petitioner :- Yogendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Kailash Prakash Pandey, learned counsel appearing for the petitioner and learned Standing Counsel for the State- respondent. 2. By means of this petition filed under Article 226 of the Constitution, the petitioner has questioned the order of the transfer dated 15.06.2025, whereby his transfer from District -Shamli to District- Agra Zone on the ground that petitioner has not completed six years of posting at the current station whereas the transfer order has been passed taking the ground that petitioner has completed six years of stay at the current station. He has also argued that petitioner is suffering from throat cancer and is going under treatment. 3. Learned Standing Counsel submits that petitioner is undergoing treatment at New Delhi and therefore, Agra will be closer to New Delhi and on that count petitioner should not have any issues. It is further submitted that even if petitioner has not completed six years of stay at a station, the authorities have powers to transfer an employee from one place to another place in its own discretion on administrative exigencies/ public interest. 4. Having heard learned counsel for the parties and have perused the material available on record, I consider it more appropriate for the petitioner to raise his grievance by making a representation before the competent authority namely respondent no. 2 in citing vacancy available in Agra or in any other district closer to Delhi than Shamli and in the event petitioner makes a representation within a period of two weeks from today then concerned authority shall be disposing of the same within a further period of four weeks. 5. It is further provided that sympathetic consideration may be accorded to the petitioner for staying at Shamli, if available, in view of the his current health issue. 6. With the aforesaid observation, this petition is disposed of. Order Date :- 10.7.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad