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2025 DAILYLAW 96002 (ALL)

KAMAL SINGH v. STATE OF U.P. AND 3 OTHERS

WRIA/13901/2025 · 2025-09-16

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13901 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs: "I. Issue a writ, order or direction in the nature of certiorari quashing the impugned transfer order dated 07.08.2025 passed by Additional Superintendent of Police, Establishment, Police Headquarter, Lucknow i.e. respondent no.3." 3. Learned counsel for the petitioner submits that the impugned transfer order may be quashed on the ground that he has only 14 months to go in his retirement and under the transfer policy dated 06.05.2025 such employees are protected. He further submits that the petitioner has already made representation before respondent no.2 that may be decided in accordance with law and as per transfer policy. 4. Learned Standing counsel has no objection in case if petitioner's representation is directed to be decided by the concerned competent respondent in a time bound period Versus Counsel for Petitioner(s) : Rajesh Kumar Yadav Counsel for Respondent(s) : C.S.C. Kamal Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) and in accordance with law provided petitioner makes a fresh representation. It is further contended that in view of the judgment of Division Bench of this Court in the case of Jitendra Singh v. State of U.P. and another passed in Special Appeal No.- 564 of 2024 decided on 5th June, 2024 the transfer policy framed by the State Government shall have a binding effect unless and there exists a circumstance as such where the particular guidelines provided in the transfer policy may not be strictly adhered to. 5. In view of the above, this petition stands disposed of with direction to the petitioner to make a fresh representation regarding his claim before competent respondent authority i.e. respondent no.3 within a period of two weeks, the same shall be looked into and considered and also disposed of as expeditiously as possible preferably within a further period of four weeks after giving opportunity of hearing to all the appearing parties in the light of the judgment passed in the case of Jitendra Singh (Supra). 6. Needless to add order to be passed shall be reasoned and speaking one. September 17, 2025 Deepika WRIA No. 13901 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad