Ashok Singh Vs State of U.P. Thru. Prin. Secy. Urban Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Ashok Singh Vs State of U.P. Thru. Prin. Secy. Urban Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim abeyance of the transfer order dated 13.6.2025 for four weeks or until decision on a fresh representation, which opposite party no. 1 is to decide within three weeks of its receipt by a reasoned and speaking order considering the relevant policy guidelines.

Issue for consideration

Whether the transfer order dated 13.6.2025 passed by opposite party no. 1, transferring the petitioner from Lucknow Nagar Nigam to Aligarh Nagar Nigam, violates the State Government's transfer guidelines issued on 6.5.2025, under which an employee due to retire within two years is to remain posted at a place of his wish.

Court's answer

The petitioner was directed to move a fresh representation before opposite party no. 1 within one week, and that representation is to be decided within three weeks thereafter by a reasoned and speaking order, taking into consideration the relevant policy guidelines.

Ratio / Principle

As interim protection pending disposal, the transfer order dated 13.6.2025 was kept in abeyance for four weeks or until the decision on the representation, whichever occurs earlier.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 3 — WRIT - A No. 6877 of 2025 (Neutral Citation 2025:AHC-LKO:36498), Order dated 26.6.2025, Hon'ble Brij Raj Singh, J. Petitioner Ashok Singh challenged the transfer order dated 13.6.2025 passed by opposite party no. 1 (Principal Secretary, Urban Development) transferring him from Lucknow Nagar Nigam to Aligarh Nagar Nigam, submitting that it violated the transfer guidelines issued on 6.5.2025 under which an employee due to retire within two years should remain posted at a place of his wish; the petitioner is to retire on 30.9.2026, his home district is Gorakhpur, and his brother is 80% disabled and dependent on him. The Court did not adjudicate the alleged violation of the policy guidelines: it directed the petitioner to move a fresh representation before opposite party no. 1 within one week, to be decided within three weeks by a reasoned and speaking order taking into consideration the relevant policy guidelines, and meanwhile kept the transfer order dated 13.6.2025 in abeyance for four weeks or until that decision. The writ petition was finally disposed of with these observations/directions.

Neutral Citation No. - 2025:AHC-LKO:36498

Court No. - 3 Case :- WRIT - A No. - 6877 of 2025 Petitioner :- Ashok Singh Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others

Counsel for Petitioner :- Sandeep Kumar Ojha,Hari Prasad Gupta,Pawan Kumar Dubey,Smt. Manisha Singh Counsel for Respondent :- C.S.C.,Aatreya Tripathi,Hari Prasad Gupta,Namit Sharma Hon'ble Brij Raj Singh,J.

Heard learned counsel for the petitioner, learned counsel for the private respondent, learned Standing counsel for the State-respondents and perused the record.

This writ petition has been filed by the petitioner challenging the transfer order dated 13.6.2025 passed by the opposite party no. 1 whereby the petitioner has been transferred from Lucknow Nagar Nigam to Aligarh Nagar Nigam against the declared policy of the State Government.

Learned counsel for the petitioner has submitted that the petitioner is to retire on 30.9.2026 and his home district is Gorakhpur and his place of posting is Lucknow and the transfer order has been passed by violating the transfer guidelines issued on 6.5.2025 wherein it is provided that the employee should remain posted at the place of posting according to his wish, in case, he is to retire within two years. He has further submitted that his brother is 80% disable and dependent on him.

In view of the aforesaid, petitioner is directed to move a fresh representation before the opposite party no. 1 within a period of one week from today and the same shall be decided within three weeks thereafter by a reasoned and speaking order, taking into consideration the relevant policy guidelines.

For the period of four weeks or till the decision on the representation, the transfer order dated 13.6.2025 is kept in abeyance.

With the aforesaid observation/directions, the writ petition is finally disposed of .

[Brij Raj Singh, J.]

Order Date :- 26.6.2025 AKK

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