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2026 DAILYLAW 6262 (ALL)

SIBBU KUMAR PATEL v. STATE OF U.P. AND 2 OTHERS

WRIA/14432/2026 · 2026-09-10

Siddharth Nandan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14432 of 2026 Court No. - 6 HON'BLE SIDDHARTH NANDAN, J. 1. Heard Sri Agnihotri Kumar Tripathi, Advocate appearing on behalf of the petitioner and learned Standing Counsel for the respondents-State. 2. The contention of the counsel for the petitioner is that the petitioner is working as a Foreman in the Government Industrial Training Institute, Ghazipur, and his services are governed by the Uttar Pradesh Industrial Training Institute (Instructors) Service Rules, 1991. Placing reliance on the transfer policy dated 05.05.2026, Clause 5(iv), the impugned transfer order has been assailed on the ground that an employee who is having 40% disability may be kept outside the purview of the transfer, unless there are complaints and compelling circumstances. 3. The disability certificate issued by the Medical Authority, Ghazipur, has also been placed on record, which indicates that the petitioner has 40% permanent disability in his left eye; and as such, the petitioner claims the benefit of Clause 5(iv) of the Transfer Policy dated 05.05.2026. 4. Learned Standing Counsel submits that in case the petitioner moves representation before the respondent no.2, the same shall be accorded due consideration as per policy dated 05.05.2026. 5. In view of the aforesaid, no fruitful purpose would be served in keeping the aforesaid writ petition pending and by the consent of the parties, the writ petition is being decided at the admission stage, directing the petitioner to file a representation before the respondent no.2 within 7 days from today, along with the certified copy of this order; and in the event such a Versus Counsel for Petitioner(s) : Agnihotri Kumar Tripathi Counsel for Respondent(s) : C.S.C. Sibbu Kumar Patel .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) representation is filed by the petitioner within the said period, it is expected that the respondent no.2 shall consider and decide the same expeditiously, preferably within the next 2 months. 6. With the aforesaid observations/directions, the writ petition stands disposed off. September 11, 2026 piyush WRIA No. 14432 of 2026 2 (Siddharth Nandan,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad