Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136174 Court No. - 4 Case :- WRIT - A No. - 11544 of 2025 Petitioner :- Brijesh Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Kunal Shah Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Kunal Shah, 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 the transfer
order dated 25.07.2025 on the ground that petitioner's spouse is currently posted at Fatehpur. It is contended on behalf of the petitioner that couple have three year old twins and it is very difficult to care of those babies as the petitioner's wife is posted at Fatehpur whereas, petitioner has got transferred to Agra under the order impugned. It is further contended that earlier on the ground of spouse being closed to each other in terms of posting, the wife of the petitioner came to be posted from Pratapgarh to Fatehpur but now since the petitioner has been transferred, the earlier transfer
order in respect of his wife would get frustrated. It is contended by Sri Kunal Shah, learned counsel for the petitioner that when a policy by means of Government Order has been brought into force then of course as far as possible, respondents should abide by such policy has been framed to facilitate postings of spouse at the place of posting of other spouse or nearby station as well. He has placed reliance upon a division bench judgment in the case of Jitendra Singh v. State of U.P. & Another in Special Appeal No. 564 of 2024 decided on 05.06.2024. Learned Standing Counsel on the contrary submits that petitioner's wife who was earlier posted at Pratapgarh and now has been transferred posted at Fatehpur and in the event petitioner is interested in getting to be placed together then his wife herself make a plea for transfer to any other district near Agra. However, petitioner since has been transferred in administrative exigency by means of an order under the annual transfer policy, it will not be in the interest of justice to interfere with the individual transfer order.
Be that as it may, since petitioner has put up his grievance and wants benefit of transfer policy, I hereby dispose of this petition with a direction to the petitioner to make a fresh representation before the competent authority namely the respondent no. 2 within a period of two weeks from today along with the certified copy of this order and if he does so, the same shall be considered and disposed of within a further period of four weeks taking into consideration the provisions contained under the transfer policy and the Division Bench judgment cited above. With the aforesaid observations and directions, this petition stands disposed of.
Order Date :- 12.8.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad