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2025 DAILYLAW 79641 (ALL)

HARISH CHANDRA v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/10578/2025 · 2025-07-28

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125853 Court No. - 4 Case :- WRIT - A No. - 10578 of 2025 Petitioner :- Harish Chandra Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Ram Mangal Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Ram Mangal Singh, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has assailed the order of transfer dated 15.07.2025, whereby, he has been transferred from Amroha to Mainpuri in administrative exigency/ public interest. It is contended on behalf of the petitioner that since the petitioner has only one year to go in his retirement, he should have been retained at district Amroha itself as per the transfer policy brought into force by State Government on 06.05.2025. It is further contended that the petitioner has not been relieved till dated. Learned Standing Counsel on the contrary submits that the petitioner since working on transferable post, he can always be transfer in administrative exigency and public interest. However, he is not averse to a direction being issued for consideration of representation of the petitioner and disposal thereof in accordance with law, provided he makes such representation. In view of the above, considering the special facts and circumstances of the case that petitioner has only one year in his retirement, this petition stands disposed of with a direction to the petitioner to make a representation before the competent authority namely the respondent no. 2 along with the certified copy of this order within a period of two weeks and if he does so, the respondent no. 2 shall consider and dispose of the same within a further period of four weeks by means of a reasoned and speaking order. For a period of six weeks or till the order is passed by the respondent no. 2 upon the representation of the petitioner, whichever is earlier, if petitioner has not been relieved pursuant to the transfer order dated 15.07.2025, he shall not be relieved. Order Date :- 29.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad