Female Constable Komal Sharma, Pno No. 212431395 vs State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Neutral Citation No. - 2025:AHC-LKO:30630-DB

Court No. - 1

Case :- SPECIAL APPEAL No. - 175 of 2025 Appellant :- Female Constable Komal Sharma, Pno No. 212431395 Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Appellant :- Sandeep Kumar Pandey,Vaibhav Dwivedi

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Counsel for Respondent :- C.S.C.

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J.

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Heard learned counsel for the appellant-petitioner and learned Standing Counsel for the State.

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The instant appeal has been filed assailing the judgment and order dated 29.04.2025 passed by the Writ Court in Writ-A No.4618 of 2025, whereby the writ petition filed by the appellant-petitioner for her transfer from Lakhimpur Kheri to Ghazaiabad on some personal ground of illness was dismissed as the appellant-petitioner could not demonstrate the specific illness of which the treatment was not available at her current place of posting.

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Initially, the appellant-petitioner filed Writ-A No. 1234 of 2025 which was disposed of vide judgment and order dated 29.01.2025 with a direction to the Additional Director General of Police to decide the representation of the appellant-petitioner dated 20.11.2024 within a period of four weeks from the date of receipt of the order passed by this Court. In compliance of the order dated 20.11.2024, the representation preferred by the appellant-petitioner for her transfer from Lakhimpur Kheri to Ghaziabad was considered and rejected by the Additional Director General of Police, Establishment, Lucknow on

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22.02.2025 stating that the case was not covered under the policy prevalent in the department. The order passed was assailed by the appellant-petitioner in Writ-A No. 4618 of 2025.

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Learned counsel for the appellant-petitioner submitted that the appellant is taking treatment from Yashodha Hospiutal and Cancer Institute Institute, Ghazaiabad from the month of July, 2024 for digestive system (Pachan Tantra) and lung (Fefda) and though this ground has been taken in the application for transfer from Lakhimpur Kheri to Ghaziabad, it has not been considered either by the competent authority or by the Writ Court.

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On the other hand, learned Standing Counsel while referring the impugned judgment and order submitted that one of the grounds urged before the writ court was that the appellantpetitioner was suffering from ailment. On specific query made by the writ court as to what ailment the appellant-petitioner was suffering from, no specific ailment was pointed out by the appellant-petitioner before the writ court.

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After considering the submissions made by the learned counsel for the parties, we are of the opinion that the prayer for choice of posting lies within the domain of administrative authorities. In the impugned order dated 22.02.2025, it has specifically been mentioned by the Additional Director General of Police that it is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement. Once the administrative authorities did not permit for transfer of the appellant-petitioner from one place to another place, no fault can be attributed either in the impugned order dated 22.02.2025 or in the impugned judgment and order dated 29.04.2025. More over, on consideration of the grounds taken

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by the appellant-petitioner before the Writ Court, the writ petition filed by the appellant-petitioner was dismissed.

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In view of what has been stated above, the impugned judgment and order does not call for any interference by this Court in exercise of the powers conferred under Article 226 of the Constitution of India.

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The intra-court appeal, bereft of merit, is accordingly dismissed .

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[Rajeev Singh, J.] [Attau Rahman Masoodi, J.]

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Order Date :- 22.5.2025 akhilesh/-

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

Female Constable Komal Sharma, Pno No. 212431395 v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

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Female Constable Komal Sharma, Pno No. 212431395 v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Case brief

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