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2025 DAILYLAW 72956 (ALL)

SHRIKANT YADAV v. STATE OF U.P. AND 4 OTHERS

WRIA/9571/2025 · 2025-07-14

Manju Rani Chauhan

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:116001 Court No. - 52 Case :- WRIT - A No. - 9571 of 2025 Petitioner :- Shrikant Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Shashikant Pandey Counsel for Respondent :- C.S.C.,Shashi Prakash Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner, Ms. Shruti Malviya, Advocate holding brief of Mr. Shashi Prakash Singh, learned counsel for the respondent nos.3&4 and learned Standing Counsel for the State-respondent. The present writ petition has been filed with a prayer to quash the impugned order no.2089-95/2025-26 dated 16.05.2025 passed by the District Basic Shiksha Adhikari Azamgarh by which the petitioner has been transferrd from Composite Vidyalaya Katghar Sadar, Block Palhani, District Azamgarh to UPS Sehada Vikas Khand/Urban Area Pilhani, District Azamgarh and a further prayer to direct the respondents to give positing/transfer to the petitioner in the said school. Learned counsel for the petitioner submits that earlier the petitioner was placed under suspension and after inquiry, suspension order has been removed vide order dated 16.05.2025, however, by the same order, he has been transferred. He further submits that the petitioner has joined at the place of transfer and for the rest part of the impugned order dated 16.05.2025, the petitioner will be moved departmental appeal. He, therefore, request that in case the petitioner moves afresh representation before the respondent no.3, a direction shall be issued to the respondent no.3 to take an appropriate decision in accordance with law within a time bound period. Learned counsel for the respondent nos.3&4 submits that posting has been done pursuant to the Government Order dated 20.08.2022, which has not been challenged by the petitioner, therefore, there is no illegality in the order impugned as the same has been passed pursuant to the relevant G.O. However, in case a fresh representation is given before the respondent no.3, the same shall be decided in accordance with law. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.3- District Basic Education Officer, Azamgarh, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same in accordance with law, by reasoned and speaking order, preferably within a period of four weeks from the date of production of a certified copy of this order if there is no other legal impediment. Order Date :- 15.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad