WRIA/14227/2025 of BASANT SINGH Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS on 10 December 2025

1. Heard Mr. Deeraj Tiwari, Advocate holding brief of Mr. Kapil Dev Chaubey, learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 16.10.2025 whereby petitioner's representation for transfer to his home District or nearby places, in view of Government Order dated 06.05.2025 and 24.07.2015 has been rejected.

3. It has been submitted that earlier petitioner had filed WRIT - A No.11445 of 2025, which was disposed of vide order dated 24.09.2025 directing opposite parties to consider petitioner's representation. Impugned order has been passed in pursuance thereof.

4. It has been submitted that petitioner had sought benefit of Government Order dated 06.05.2025 which provides for home District-posting in case the employee is due to superannuate within a period of two years. The same has been rejected by means of impugned order placing reliance on Government Order dated 31.07.1986 and the Circular dated 28.04.2025 but the same only prohibit posting in the Home-District but not in nearby- Districts.

5. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that the Government Order Versus Counsel for Petitioner(s) : Kapil Dev Chaubey Counsel for Respondent(s) : C.S.C. Basant Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s)

dated 31.07.1986 as well as Circular dated 28.04.2025 clearly prohibits posting in home-District even for those personnel who are due to superannuate within a period of two years.

6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that Circular dated 28.04.2025 as well as Government Order dated 31.07.1986 prohibit home-district posting of PAC Personnel who are due to superannuate within a period of two years. Although Government Order dated 31.07.1986 prohibits even posting near or adjacent to home-District, subsequently Circular dated 24.07.2015 has been issued by Department permitting posting of such personnel in adjacent Districts.

7. Since the impugned order has been passed only considering prohibition of posting in Home-District and near by District Raibareli due to there previous posting of 37 years, opposite party no.2 i.e. Additional Inspector General of Police, Police Headquarter, Lucknow is directed to revisit petitioner's grievance with regard to posting in a District Allahabad which is adjacent to his home-District in terms of Circular dated 24.07.2015. Appropriate decision with regard to same shall be taken expeditiously within a period of two weeks from the date a certified copy of this order is served upon authority concerned. The order impugned shall be subject to fresh orders passed by the said authority.

8. With aforesaid direction, the petition stands finally disposed of. December 10, 2025 Subodh/- WRIA No. 14227 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench