Amarendra Trivedi Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

Amarendra Trivedi Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition allowed at the admission stage; impugned order dated 01.12.2025 quashed by writ in the nature of Certiorari, with liberty to opposite party no. 2 (Commissioner, Food and Civil Supplies Department U.P., Lucknow) to pass orders afresh in light of this Court's directions dated 25.08.2025, within two weeks from service of a certified copy of this order upon the said authority; parties to bear their own costs.

Issue for consideration

Whether the rejection of petitioner's representation for couple transfer from Fatehpur to Moradabad, made solely on the ground that the transfer session had been completed and without consideration in light of Clause 5 (iii) of Government Order dated 06.05.2025 as directed by this Court on 25.08.2025, was sustainable.

Court's answer

Once this Court had directed the concerned authority to consider petitioner's grievance in light of the Annual Transfer Policy for year 2025-26, particularly Clause 5 (iii) of Government Order dated 06.05.2025, it was incumbent on the authority to make that consideration; there was no occasion for the authority not to have done so.

Key takeaways

Despite the directions issued by this Court on 25.08.2025, the authority took almost three months to decide the representation, and decided it without consideration of those directions.obiter¶¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 7), Manish Mathur, J., 15.12.2025: WRIT - A No. - 14301 of 2025 (Amarendra Trivedi v. State of U.P. and another), Art. 226 petition, allowed at admission stage. Petitioner's representation for couple transfer from Fatehpur to Moradabad under Clause 5 (iii) of Government Order dated 06.05.2025 had been rejected by order dated 01.12.2025 solely because the transfer session stood completed, notwithstanding this Court's earlier direction of 25.08.2025 (given on disposal of WRIT - A No. - 9464 of 2025) to consider the grievance in light of that Clause. Holding: once a direction has been issued by this Court, the authority is duty-bound to consider the grievance in light of Clause 5 (iii); rejection without such consideration was impermissible; the authority's near-three-month delay despite directions was also noted. Impugned order quashed by writ of Certiorari; opposite party no. 2 (Commissioner, Food and Civil Supplies Department U.P., Lucknow) given two weeks from service of certified copy to decide afresh per directions of 25.08.2025; parties bear own costs.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 14301 of 2025

Amarendra Trivedi

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Deptt. Lko. And Another

.....Respondent(s)

Counsel for Petitioner(s)	: Purusottam Awasthi
Counsel for Respondent(s)	: C.S.C.

Court No. - 7

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.

Present petition under Article 226 of Constitution of India has been filed challenging order dated 01.12.2025 whereby petitioner's representation for transfer from Fatehpur to Moradabad in terms of Government Order dated 06.05.2025 providing for couple transfer has been rejected.

It appears that earlier petitioner had filed Writ - A No. - 9464 of 2025 seeking the same benefit. The said petition was disposed of vide order dated 25.08.2025 directing authority concerned to pass appropriate orders. It is in pursuance thereof that the impugned order has been passed.

Learned State Counsel has opposed the petition.

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, however, it appears that the representation has been rejected only on ground that transfer session has been completed and therefore petitioner's request cannot be considered.

In the considered opinion of this Court, once a direction has been issued by this Court to concerned authority for considering petitioner's

WRIA No. 14301 of 2025

2

grievance in light of Annual transfer policy for year 2025-26, particularly Clause 5 (iii) thereof, it was incumbent upon authorities concerned to have considered the same. Once a direction has been issued by this Court, there was no occasion for authority concerned not to have made consideration of petitioners grievance in light of Clause 5 (iii) of Government Order dated 06.05.2025

It is also noticeable that despite the fact that directions had been issued by this Court on 25.08.2025 but has taken authority almost three months to decide the representation that too without consideration of the directions.

Since consideration of petitioner's grievance in light of aforesaid provisions of Government Order has not been done, the order impugned dated 01.12.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite party no.2 i.e. Commissioner, Food and Civil Supplies Department U.P., Lucknow to pass orders afresh in light of directions issued by this Court dated 25.08.2025 within a period of two weeks from the date a certified copy of this order is served upon the said authority.

Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.

(Manish Mathur,J.)

December 15, 2025 kvg/-

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench