Dr. Sanjeev Kumar vs the State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Dr. Sanjeev Kumar vs the State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim mandamus to respondent nos. 1 and 2 to consider the petitioner's representations dated 05.06.2025 and 12.06.2025 in light of the special circumstances of a special child and the working spouse and pass appropriate order within four weeks; if possible, the petitioner's transfer to be considered to a nearby institution. The transfer order itself was not quashed.

Issue for consideration

Whether the impugned transfer order dated 05.06.2025 passed by Respondent No.2 qua the petitioner is illegal and arbitrary, being contrary to Clause 5.3(iii) and issued despite the petitioner's special circumstances (wife working in the same institution; son a special child requiring regular parental presence). +1 more

Ratio / Principle

An interim mandamus is issued to respondent nos. 1 and 2 to consider the petitioner's representations dated 05.06.2025 and 12.06.2025 by taking into account the special circumstances of a special child and the working spouse, and to pass appropriate order; if possible, the petitioner's transfer is to be considered to a nearby institution, within four weeks of receipt of a copy of the order.

Key takeaways

The present writ petition is disposed of accordingly.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Donadi Ramesh, J.) disposed of Writ-A No. 8519 of 2025 filed by Dr. Sanjeev Kumar, Lecturer (Physical Education), challenging the transfer order dated 05.06.2025 (SI.No.60) passed by Respondent No.2. The petitioner, in service since 19.06.2009 and transferred in 2023 from Sirsaganj (Firozabad) to Awalkheda (Agra), pleaded that his wife works in the same institution and his 12-year-old son is a special child (described as autism, a mental disorder with mental retardation) requiring regular presence of parents, and that the transfer was contrary to Clause 5.3(iii); his representations dated 05.06.2025 and 12.06.2025 were not considered, while the respondents relied on Clause 2(1) (transfer of persons completing 14 years in a particular region). The Court did not quash the transfer but issued an interim mandamus directing respondent nos. 1 and 2 to consider the representations in light of the special child's condition and the working spouse and pass appropriate orders within four weeks, considering posting, if possible, to a nearby institution.

Neutral Citation No. - 2025:AHC:113170

Court No. - 38

Case :- WRIT - A No. - 8519 of 2025

Petitioner :- Dr. Sanjeev Kumar Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Respondent :- C.S.C.

Hon'ble Donadi Ramesh,J.

The present writ petition is filed for the following relief;-

"(i) issue writ, order or direction in the nature of certiorari, quashing the impugned transfer order dated 05.06.2025 SI.No.60 (Annexure No.1 to this writ petition) passed by the Respondent No.2 as per it relates with petitioner only.

(ii) Issue writ, order or direction in the nature of mandamus commanding the Respondents not to take any action against Petitioner in pursuance of the impugned transfer order dated 05.06.2025 passed by the Respondent no.2, as per it relates with petitioner only."

The learned counsel for the petitioner has submitted that the impugned order dated 05.06.2025 is illegal and arbitrary. As the petitioner initially appointed on the post of Lecturer (Physical Education) and joined his duties on 19.06.2009 at Government Girls Degree College, Sirsaganj, Firozabad, and the petitioner has continued in the said post till 2023. The petitioner services were transferred vide order dated 27.06.2023 from Sirsaganj, Firozabad to Awalkheda, Agra i.e. present working place of petitioner.

The petitioner has also submitted that the petitioner's wife Dr. Anita is also working in the same Institution as Assistant Teacher. Apart from that the son of the petitioner namely Sanidhya Kumar aged about 12 years is affected by disease (ADHB) Autisam a type of mental disorder and mental retardation. As the son of the petitioner is a special child therefore, requires regular presence of the parents.

In compliance to the above transfer order though, the petitioner has relieved and joined at the new place but the petitioner has made representation before the before the respondents. Apart from all the above, still there are vacant posts in the same Institution and nearby places. Learned counsel further submitted that the said transfer order is contrary to

Clause 5.3(iii). Considering that the said aspects were brought to the notice of the authorities by way of representation dated 05.06.2025 and 12.06.2025, but the respondents have neither considered nor passed any order.

Learned counsel appearing on behalf of the respondents on instructions has submitted that as the petitioner has completed 14 years of service in the region Agra therefore, as per Clause 2(1), the persons those who have completed 14 years in a particular region are to be transferred to other place.

Considering the submissions made by both the counsels, there shall be an interim mandamus to the respondent nos. 1 and 2 to consider the representation of the petitioner dated 05.06.2025 and 12.06.2025 by taking the special circumstances of a special child and also the working spouse and pass appropriate order. If possible the petitioner transfer will be considered to the nearby Institution, within a period of four weeks from the date of a receipt of a copy of this order.

Accordingly, the present writ petition is disposed of .

Order Date :- 15.7.2025 AdityaG

( Donadi Ramesh,J.)

Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad