Allowed¶31

Sanjay Gautam v. State of U.P. Secy. Medical Health and Family Welfare Deptt. Lko. and Another

Service Law – Transfer – Home district posting – Paragraph 5 (v) of Government Order dated 06.05.2025

Allahabad HC15 Oct 2025WRIA/12142/2025

Case brief

AI extract

What is this about?

Transfer; home district posting; Class III and Class IV employee; less than two years to superannuate; earlier tenure ignored; Government Order dated 06.05.2025; Paragraph 5 (v); rejection of transfer application; 37 years service in Agra; transfer session over; writ of Certiorari; quashing; fresh representation; three weeks; Medical Health and Family Welfare Uttar Pradesh; Hamirpur to Agra; beneficial provision not mandatory; Sanjay Gautam v. State of U.P.

What did the court decide?

Petition allowed at admission stage: impugned order dated 06.10.2025 quashed by writ of Certiorari; liberty granted to petitioner to file a fresh representation before opposite party no.1 (Secretary, Medical Health and Family Welfare Department, Civil Secretariat, Lucknow) seeking transfer to home district, which shall be considered and decided expeditiously in accordance with Paragraph 5 (v) of the Government Order dated 06.05.2025 within three weeks of a certified copy of the order being produced before the authority; parties to bear their own costs.

2. Petition has been filed challenging order dated 06.10.2025 whereby petitioner's application for transfer to Agra or any adjacent District in terms of Paragraph 5 (v) of the Government Order dated 06.05.2025 has been rejected. Further prayer has been sought for a direction to concerned authority to consider such transfer.

3. Earlier, petitioner had filed Writ A No.10561 of 2025 seeking a direction to concerned authority to consider petitioner's transfer from Hamirpur to Agra in view of the fact that he has less than two years to superannuate.

4. It is submitted that by means of impugned order, representation of petitioner's has been rejected only on the ground that he has served for 37 years in District Agra and also as per the fact that transfer session is already over due to which

5. It has been submitted that impugned order has been passed completely ignoring the provisions of Paragraph 5 (v) of the aforesaid Government Order which clearly prescribes that for persons belonging to Class III, they are required to be considered for posting in their home district ignoring the tenure spent earlier in such District.

6. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner with the submission that as is evident from the impugned order, petitioner has already spent 37 years in Agra whereafter he was transferred to Hamirpur only in the year 2021 where he has spent merely four years and he is seeking re-transfer to his home district. It is therefore submitted that in view of prolonged posting in Agra, request of petitioner has been rejected. It is also submitted that there is only a single post of Administrative Officer in District Hamirpur where petitioner is currently posted and his transfer would adversely affect the functioning in Hamirpur.

7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident by means of impugned order, petitioner's representation has been rejected on the twin grounds of having spent more than 37 years in District Agra and transfer session having completed, no such re-consideration can be made.

8. It is quite evident from a perusal of Paragraph 5 (v) of the Government Order dated 06.05.2025 that with regard to Class III and IV employees, their posting in their home district is required to be

11. In view of the fact that transfer session is already over, liberty is granted to petitioner to file a fresh representation before opposite party no.1 i.e. Secretary, Medical Health and Family Welfare Department, Civil Secretariat, Lucknow seeking transfer in his home district. In case any such representation is preferred by petitioner, the same shall be considered and decided by the authority concerned expeditiously in accordance with Paragraph 5 (v) of the Government Order dated 06.05.2025 within a period of three weeks from the date a certified copy of this order is produced before the said authority.

12. It is no doubt true that the provisions of paragraph 5 (v) of Government Order dated 06.05.2025 are not mandatory in nature but are beneficial for purposes of permitting Government Employee who is due to superannuate soon, to prepare for his superannuation and therefore maximum possible leverage is required to be given to comply with the aforesaid provision.

Sanjay Gautam v. State of U.P. Secy. Medical Health and Family Welfare Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Gautam v. State of U.P. Secy. Medical Health and Family Welfare Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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