Dr Poonam Sachan vs State of U.P. Thru. Prin. Secy. Ayush, Lko. and 2 Others

Present petition under Article 226 of Constitution of India has been filed challenging order dated 13/14.01.2026 whereby petitioner's representation against transfer order dated 15.06.2025 has been rejected. Further prayer for a direction to opposite parties to retain petitioner in the same office as per transfer policy and for payment of salary with effect from June 2025 has also been made.

¶13

Learned counsel for petitioner submits that earlier petitioner had been transferred by means of order dated 15.06.2025 against which Writ - A No.8882 of 2025 had been filed on ground that since petitioner is an elected office bearer of the Union, she was exempted from transfer for a period of two years in terms of paragraph 12 of Government Order dated 06.05.2025. The said petition was disposed of vide order dated 08.07.2025 directing authorities concerned to consider petitioner's representation whereafter order dated 04.08.2025 was passed rejecting such representation.

¶14

The said order was again challenged in Writ - A No.9963 of 2025 which was allowed by means of judgment and order dated 24.11.2025 primarily on ground that despite directions having been issued by this Court, there was no consideration of petitioner's

¶15

WRIA No. 920 of 2026

¶16

2

¶17

representation in terms of paragraph 12 of Government Order dated 06.05.2025. Liberty was granted to authorities to consider petitioner's grievance afresh. It is submitted that it is pursuant to such directions that the impugned order has been passed, again without any consideration of grievance of petitioner pertaining to exemption from transfer in terms of paragraph 12 of Government Order dated 06.05.2025.

¶18

It is submitted that once specific directions have been issued by this Court twice for consideration of paragraph 12 of Government Order dated 06.05.2025, it was incumbent upon authorities to have considered the same.

¶19

Learned State Counsel has been provided written instructions dated 30.01.2026, a copy of which is taken on record but a perusal of which again indicates that there is no consideration of aspects pertaining to paragraph 12 of Government Order dated 06.05.2025. The impugned order as well as instructions are only on the basis that petitioner has already spent more than 16 years in the current place of posting and was therefore required to be transferred. It is also submitted that the certificate of election was not produced before authorities concerned prior to passing of order dated 15.06.2025.

¶20

Prima facie, it appears that despite specific directions having been issued to authorities concerned for consideration of petitioner's exemption from transfer in terms of paragraph 12 of Government Order dated 06.05.2025, no such consideration has taken place by authorities concerned twice.

¶21

In view of aforesaid, opposite parties are granted four weeks' time to file their counter affidavit.

¶22

List thereafter.

¶23

Till the next date of listing, it is directed that petitioner shall be retained in the place of posting where she was prior to passing of order dated 15.06.2025. For the said purpose, impugned order dated 13/14.01.2026 shall remain stayed.

¶24

WRIA No. 920 of 2026

¶25

3

¶26

Since employer-employee relations are still continuing, opposite parties are directed to ensure payment of regular salary to petitioner along with arrears, in next salary bill.

¶27

(Manish Mathur,J.)

¶28

February 9, 2026

¶29

kvg/-

¶30

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

Dr Poonam Sachan v. State of U.P. Thru. Prin. Secy. Ayush, Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Dr Poonam Sachan v. State of U.P. Thru. Prin. Secy. Ayush, Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Ajoobi Saurabh vs State of U.P. Thru. Addl. Chiefsecy./ Prin. Secy. Bal Vikas Evam Pustahar Lko. and 5 Others

Anju Singh vs State of U.P. Thru. Secy. Bal Vikas and Pushtahar Lko. and 5 Others

Ravi Kant Pandey vs State of U.P. Thru. Prin. Secy. Karmik U.P. Lko. and 2 Others

Dr Sanjay Kumar Maurya vs State of U.P. Thru. Prin. Secy. Ayush Lko. and 2 Others

Indra Deo Tiwari vs State of U.P. Thru. Prin. Secy./Addl. Chief Secy. Deptt. of Tech. Education Lko. and 6 Others

Shashank Mishra (S.I. , PNO-194071594) vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 4 Others