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2025 DAILYLAW 82186 (ALL)

SMT. NEHA CHAUDHARY v. STATE OF U.P. AND ANOTHER

WRIA/11121/2025 · 2025-08-05

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132798 Court No. - 4 Case :- WRIT - A No. - 11121 of 2025 Petitioner :- Smt. Neha Chaudhary Respondent :- State of U.P. and Another Counsel for Petitioner :- Abhai Singh,Virendra Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 15th June, 2025 on the ground that petitioner's husband is serving at Delhi and hence in terms of policy of State Government if one spouse is serving at particular station then other spouse should also be posted at the same station as far as possible vide clause 5(iii) of transfer policy dated 6th May, 2025. He further takes the plea of her infant's age, who is one year old. It is contended by learned counsel for the petitioner that petitioner had opted five districts for her transfer but that has been ignored and she has been transferred to a different district. It is further contended that petitioner has been transferred at a very distant place almost 200 kms from Baghpat as she has stood transferred from Baghpat to Moradabad under the order impugned. Learned Standing Counsel, on the contrary, submits that petitioner's husband is a Section Officer in Foreign Ministry, Delhi and hence petitioner cannot claim always to be posted at particular station or at a nearby station. Be that as it may, since the petitioner has already stood transferred pursuant to the order impugned, there arises no question of granting any indulgence in the matter at this stage. However, it is provided that petitioner's representation for posting within five districts for which she had applied online for her transfer dated 3rd July, 2025, is directed to be considered by the respondent No.- 2 by means of a reasoned and speaking order, within a period of six weeks of presentation of certified copy of this order. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 6.8.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad