Disposed

Smt. Suman Lata v. State of U.P. Thru. Prin. Secy. Deptt. of Child Development and Nutrition Lko. and 3 Others

Allahabad HC17 Dec 2024WRIA/12207/2024

Case brief

AI extract

What is this about?

This order records the hearing of a writ petition challenging an attachment order affecting a government servant. The court fixed a date for further arguments and granted a temporary stay on the impugned order pending appeal.

What did the court decide?

Time granted for counter-affidavit; case listed on 14.02.2025; order dated 11.11.2024 stayed.

Smt. Suman Lata vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Court No. - 6

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Case :- WRIT - A No. - 12207 of 2024

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Petitioner :- Smt. Suman Lata

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Child Development And Nutrition Lko. And 3 Others Counsel for Petitioner :- Bhanu Pratap Kushwaha,Arvind Kumar Maurya,Kanchan,Pawan Verma Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard Sri Bhanu Pratap Kushwaha, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

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It has been submitted by counsel for the petitioner that the petitioner is working on the post of Mukhya Sevika in Child Development Project at Laharpur in District Sitapur and by means of the Order dated 11.11.2024, she has been attached under the Child Development Project Officer, Khairabad. It has been submitted by counsel for the petitioner that she was transferred from Project in Behta to Project at Laharpur only by means of the order dated 29.06.2024 and merely after expiry of five months, she has been again transferred from Laharpur to Khairabad. It has been submitted that there is no provision for attachment and it was open for the respondents to transfer the petitioner but the same could not have been done after the end of the transfer session so that the respondents have taken resort to the colourable exercise of power by attaching the petitioner Khairabad and accordingly, the said order is illegal and arbitrary and without jurisdiction, deserves to be quashed.

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It has further been submitted that the husband of the petitioner is seriously ill and there is no one else to take care of him and accordingly, due to personal difficulty, the petitioner should not be transferred at this point of time.

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Learned Standing Counsel prays that he may be granted time to file counter affidavit.

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Let a counter affidavit be filed within three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List this case on 14.02.2025.

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Till the next date of listing, the order dated 11.11.2024 shall remain stayed and the petitioner shall be permitted to continue at the previous place of posting.

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[Alok Mathur,J.]

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Order Date :- 17.12.2024 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Suman Lata v. State of U.P. Thru. Prin. Secy. Deptt. of Child Development and Nutrition Lko. and 3 Others

Case brief

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Smt. Suman Lata v. State of U.P. Thru. Prin. Secy. Deptt. of Child Development and Nutrition Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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