Disposed

Kavita Patel v. State of U.P. Thru. Secy. Animal Husbandry Deptt. Lko. and 5 Others

Allahabad HC2 Aug 2024/5279/2024

Case brief

AI extract

What is this about?

A writ petition challenging the cancellation of a posting recommendation. The Single Judge disposed of the matter at the admission stage, holding that posting is a prerogative of the authority and leaving accommodation to the appropriate authority.

What did the court decide?

Petition disposed at admission stage; directions for accommodation or permission to work at present place of attachment

Kavita Patel Vs State of U.P. Thru. Secy. Animal… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:53132

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Court No. - 4

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Case :- WRIT - A No. - 5279 of 2024

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Petitioner :- Kavita Patel Respondent :- State Of U.P. Thru. Secy. Animal Husbandry Deptt. Lko. And 5 Others Counsel for Petitioner :- Pawan Kumar Misra Counsel for Respondent :- C.S.C.,Chanchal Kumar Pandey,Saurabh Yadav

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Hon'ble Rajesh Singh Chauhan,J.

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Heard.

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This Court has passed order dated 29.07.2024, which reads as under:-

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"1. Heard.

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2. This Court has passed order dated 12.7.2024 which reads as under :

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"1. Heard Sri Pawan Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for State-opposite parties no.1 to 5.

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2. Learned Standing Counsel prays for and is granted a week's time to seek specific instructions on the point as to why the earlier approval granted in favour of the petitioner vide letter dated 26.06.2024 (Annexure No.5) considering the request of the petitioner has been cancelled vide letter dated 29.06.2024 (Annexure No.6).

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3. List/ put up on 19.07.2024 as fresh.

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4. This matter may be taken up after fresh cases."

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3. Sri R.P.S. Chauhan, learned Addl. C.S.C. prays for and is granted three days further time to seek complete written instructions i the matter.

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4. List / put up on 2.8.2024 as fresh.

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5. This matter may be taken up immediately after fresh cases."

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Sri R.P.S. Chauhan, learned Addl. Chief Standing Counsel, has produced the instructions letter dated 30.07.2024 preferred by the Additional Director Grade-2, Animal Husbandry Department, Ayodhya Division, Ayodhya addressing to the Chief Standing Counsel of this Court enclosing therewith the correspondences/ letters, the same are taken on record.

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As per the aforesaid instructions, the petitioner and private

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opposite party, both, have requested for accommodation at Ambedkar Nagar placing their personal grievances and giving more weightage to the grievance of the private opposite party, he has been transferred to Pashu Sewa Kendra, Ashrafpur Barwa, Jafarganj, Sikandarpur, Ambedkar Nagar, therefore, the earlier recommendation given in favour of the petitioner for the same place has been cancelled.

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On the basis of instructions, it has been informed by the learned Addl. Chief Standing Counsel that presently, the petitioner is attached at Pashu Sewa Kendra, Baskhari, Ambedkar Nagar.

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Learned counsel for the petitioner has stated that the authorities may be directed not to disturb the petitioner from the place where she has been presently attached.

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Be that as it may, this is the prerogative of the competent authority to post the subordinate officials at a place as per convenience of the administrative work and it is also the prerogative of the competent authority to pass any appropriate order considering the personal grievance of an employee.

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Therefore, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage and without interfering the impugned orders, it is expected that considering the grievance of the petitioner, which has been considered earlier, she may be adjusted/ accommodated at appropriate place or she may be permitted to discharge her duties at the place where she has been attached, if there is no administrative impediment to that effect.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 2.8.2024 RBS/-

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Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Kavita Patel v. State of U.P. Thru. Secy. Animal Husbandry Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Kavita Patel v. State of U.P. Thru. Secy. Animal Husbandry Deptt. Lko. and 5 Others

Case brief

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What did the court decide?

What the court decided

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