Smt. Anjali Srivastava vs State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 17305 of 2025

Smt. Anjali Srivastava

	Versus .....Petitioner(s)
State Of U.P. And 3 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Aditendra Singh, Pradeep Kumar Singh, Vinod Kumar Singh
Counsel for Respondent(s)	: C.S.C., Shivendra Kumar Singh

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Court No. - 2

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HON'BLE PRAKASH PADIA, J.

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The present writ petition has been filed by the petitioner inter-alia with the following prayer:-

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"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities specifically respondent no.2 and 3 to consider the grievance of petitioner and pass appropriate order with respect to her transfer from District Gonda to District Lucknow within period to be stipulated by this Hon'ble Court;"

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Facts in brief as contained in the writ petition are that petitioner was appointed as Assistant Teacher in Junior Basic School runs by Board of Basic Education U.P. by District Basic Education Officer, Gonda through its order dated 09.11.2015 and she was given appointment at Primary School, Police Station Bhallu Pandey, Purwa. In pursuance to the letter of appointment, petitioner submitted her joining on 18.11.2015 and since then she is continuously working and paid salary regularly month to month. It is stated that the husband of petitioner is doing private job in District Lucknow where he is residing with his old age mother, whereas the petitioner is residing in District Gonda at the place of posting.

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It is stated that due to neuro problem, disability of petitioner's son is about 50% and he is only about two years old. The petitioner who is single lady residing alone in District Gonda, it was not possible for her to look after welfare of her son such as providing proper treatment, whereas Doctor of District Gonda has also referred that appropriate medical facility is available in District Lucknow. Petitioner already has necessary medical prescription of

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WRIA No. 17305 of 2025

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Doctors, Medical Hospital as well as King George Medical University, Lucknow under which son of petitioner is still under treatment. It is further stated that due to unavoidable circumstances petitioner has tried to apply for her transfer from Gonda to District Lucknow in academic session 2023-24 but portal of Basic Education did not show any vacancy in District Lucknow and due to aforesaid reason, petitioner could not apply for her transfer. It is further stated in paragraph-12 of the writ petition that in the academic session 2023-24, large number of transfer has been made and same has been made through offline mode in District Lucknow, copy in this regard is appended as Annexure-5 to the writ petition.

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In this view of the matter, it is argued by the counsel for the petitioner that the case of the petitioner is liable to be considered sympathetically by the Respondent No.4 namely Director General, Department of Basic Education, U.P. Lucknow. He also placed reliance upon the judgment and order dated 23.12.2022 passed in Writ A No.21945 of 2022 (Pradeep Kumar vs. State of U.P. and 3 others). Operative portion of which reads as follows:-

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"In view of the aforesaid, let the Respondent No.3, Director, Basic Education, U.P. at Lucknow, consider the request of the petitioner for transfer from district Mirzapur to district Meerut, within a period of two months from the date of filing of certified copy of this order, keeping in view of the decision rendered in case of Divya Goswami & Anuraddha Kumar Tripathi (Supra) and and medical exigency of the petitioner and spouse posting ground. The application shall not be rejected on the ground that there is no policy framed in this regard for the reasons already mentioned herein above. "

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On the other hand, it is argued by Shri Shivendra Kumar Singh, learned counsel appearing on behalf of Respondent No.4 that petitioner has already approached the respondent no.4 while making the representation dated 04.11.2025 and the Respondent No.4 will take a decision in the matter, expeditiously.

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Heard counsel for the parties.

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With the consent of the parties, the present writ petition is disposed of finally , directing the Respondent No.4-Director General, Department of Basic Education, U.P. Lucknow to take a decision on the aforesaid representation made by the petitioner sympathetically, specially in view of the facts as stated above, most expeditiously and positively within a period

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WRIA No. 17305 of 2025

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of two weeks from today.

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Shri Shivendra Kumar Singh, learned counsel appearing on behalf of Respondent No.4 will inform regarding this order to the Respondent no.4 within 48 hours.

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(Prakash Padia,J.)

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November 18, 2025 Swati

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Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad

Smt. Anjali Srivastava v. State of U.P. and 3 Others

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Smt. Anjali Srivastava v. State of U.P. and 3 Others

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