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2025 DAILYLAW 80737 (ALL)

SHARMILA v. STATE OF U.P. AND 3 OTHERS

WRIA/10798/2025 · 2025-08-11

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137637 Court No. - 4 Case :- WRIT - A No. - 10798 of 2025 Petitioner :- Sharmila Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Kumar Singh,Sunil Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. In compliance of earlier order of this Court, learned Standing Counsel has obtained instructions in the matter and filed before this Court, which are taken on record. This Court on 31.7.2025 has passed following order: "1. The submission advanced by learned counsel for the petitioner is that his child is 90 per cent physically disabled and his treatment is going on at Meerut and he was transferred to Meerut on his request in the year 2023 vide order dated 21.09.2023 which has been brought on record as Annexure-8 to the writ petition. 2. It is thus contended that the petitioner should not have been further transferred from Meerut to Bareilly before expiry of period of three years. 3. Learned Standing Counsel is to obtain instruction in the matter as to whether the post on which petitioner was working is available or not to adjust him at Meerut itself atleast for another one year's time. 4. List this case on 12.08.2025." As per instructions, extra employees working at Meerut are 5 in number and that is why petitioner has been chosen to be transferred. In the given facts and circumstances of the case, when petitioner is facing identical medical issue in respect of her child who is suffering from 90 percent physical disability and treatment is going on at Meerut, the transfer order dated 15.07.2025 and relieving order dated 17.7.2025 are hereby quashed. The petitioner shall be repatriated at Meerut and shall be permitted to discharge here duties. In the event excess employees working there, it is open for the respondent to choose any other such excess employee to be transferred to the place where petitioner was transferred. Petition thus stands disposed of. Order Date :- 12.8.2025/Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad