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2025 DAILYLAW 80982 (ALL)

MUKESH MITTAL v. STATE OF U.P. AND 3 OTHERS

WRIA/10839/2025 · 2025-07-31

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129532 Court No. - 4 Case :- WRIT - A No. - 10839 of 2025 Petitioner :- Mukesh Mittal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Nath Singh,Sarvesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard 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 prayed for quashing of transfer order dated 15.06.2025 on the ground that even though petitioner has been promoted on higher post but the said post was also vacant in the same district and petitioner can be adjusted on the same. It is contended on behalf of the petitioner that petitioner has only 10 months to go in his retirement. Learned Standing Counsel submits that petitioner has been given promotion and given transfer and petitioner has no indefeasible right to retain the position in the current district on the ground that he has only 10 months in his retirement. However, he is not averse to a direction being issued for disposal of representation of the petitioner by the authority concerned namely the respondent no. 1 in accordance with law. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation before the competent authority namely the respondent no. 1 within a period of two weeks from today along with the certified copy of this order and if he does so, the respondent no. 1 shall consider and decide the same within a further period of four weeks by means of reasoned and speaking order. Order Date :- 1.8.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad