Allahabad High Court
/14043/2025 of BIRENDRA SINGH Vs STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES DEPTT. U.P. LKO. AND ANOTHER on 4 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14043 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. Petition has been filed challenging order dated 25th July 2025, whereby petitioner was transferred from
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 14043 of 2025
Court No. - 7
HON'BLE MANISH MATHUR, J.
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1. Heard learned counsel for petitioner and learned State counsel for opposite parties.
2. Petition has been filed challenging order dated 25th July 2025, whereby petitioner was transferred from District Azamgarh to Agra. Also under challenge is order dated 13th October 2025, rejecting petitioner's representation.
3. From the record, it transpires that petitioner had earlier filed Writ A No. 10862 of 2025 against the transfer orde which was disposed of vide order dated 1st August 2025 directing authorities concerned to re-consider petitioner's grievance on the ground that that he is suffering from medical cardiac problem. A perusal of the impugned order dated 13th October 2025 however makes it evident that the aforesaid aspect has not been considered by the authority at all who has in fact adverted to the aspect of petitioner superannuating in three years and eleven months and not within a period of two years and therefore it would not be covered by paragraph five of the Government Order dated 6th May 2025.
4. The impugned order in fact does not advert at all to the medical condition of petitioner for which directions had been issued by this court. Versus Counsel for Petitioner(s) : Ramesh Kumar Srivastava, Ravi Pandey Counsel for Respondent(s) : C.S.C. Birendra Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Deptt. U.P. Lko. And Another .....Respondent(s)
5. In view of aforesaid, the impugned order dated 13th October 2025 is hereby quashed by issuance of Writ in the nature of Certiorari. A further direction is issued to the opposite party No.2 i.e. Commissioner, Food and Civil Supplies, U.P., Lucknow to reconsider petitioner's grievance in the light of directions issued by this court on 1st August 2025 particularly with regard to medical cardiac problem of petitioner and as to whether any such medical facilities are available for petitioner at the transferred place.
6. Orders with regard to redressal of grievance of petitioner shall be passed within a period of three weeks from the date a certified copy of this order is served before the said authority.
7. The order dated 25th July 2025 shall be subject to final orders passed.
8. Resultantly, the petition succeeds and is allowed to the aforesaid extent. Parties to bear their own costs. December 4, 2025 prabhat WRIA No. 14043 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench