Dismissed¶¶13

Himank Kumar (Computer Operator , Grade - B , Pno - 142010152) v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and 3 Others

Allahabad HC16 Jul 2025WRIA/7517/2025

Case brief

AI extract

What is this about?

Judicial review of government servant transfer (U.P. Home Department, Computer Operator Grade-B): posting options under Paragraph-B of administrative order held directory, not binding; transfer on exigency of service upheld; compassionate ground of mother's serious illness not accepted as basis for posting near residence. WRIT - A No. 7517 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Manish Mathur J., order dated 16.7.2025, neutral citation 2025:AHC-LKO:40475.

What did the court decide?

The options provided by the petitioner were considered by the competent authority and rejected on cogent grounds. ¶¶11

Himank Kumar (Computer Operator , Grade - B , Pno… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:40475

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Court No. - 18

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Case :- WRIT - A No. - 7517 of 2025

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Petitioner :- Himank Kumar (Computer Operator , Grade - B , Pno - 142010152) Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others

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Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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

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Present petition under Article 226 of Constitution of India has been filed challenging order dated 14.06.2025 whereby petitioner has been transferred from Commissionerate-Agra to District Kushinagar.

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Learned counsel for petitioner submits that impugned transfer order is against the provisions of paragraph-B of order dated 20.03.2025 whereby options were sought for posting but despite such options having been provided, petitioner's transfer has been effected without considering such options. It is also submitted that petitioner's mother is suffering from serious illness due to which petitioner requires to be posted near her place of residence. 4. Learned State Counsel has been provided written instructions dated 14.07.2025, which are taken on record, and as per which petitioner has not been posted in any of the option given by him on account of a complaint made by his wife regarding his posting in western Districts. Instructions also indicate that there are far fewer number of Computer Operators in Eastern Districts as compared to Western Districts due to which petitioner has been posted in lieu of exigency of service.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is admitted that options provided by petitioner

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have been considered by competent authority and has been rejected on cogent grounds. Even otherwise, Paragraph-B of order dated 20.05.2025 is only directory in nature and the options given by petitioner are not binding.

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In view thereof, this Court does not find any good ground to grant indulgence in the matter.

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The petition being devoid of merit is dismissed. Parties to bear their own costs.

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Order Date :- 16.7.2025 kvg/-

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

Himank Kumar (Computer Operator , Grade - B , Pno - 142010152) v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Himank Kumar (Computer Operator , Grade - B , Pno - 142010152) v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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