Allahabad High Court
WRIA/13815/2025 of VINAY KUMAR GUPTA Vs STATE OF U.P.THRU. PRIN. SECY./UPPAR MUKHYA SACHIV DEPTT. MEDI. HEALTH FAMILY WELFARE AND 2 OTHERS on 3 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13815 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard Mr.Sheikh Wali Uz Zaman, learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - A No. - 13815 of 2025
Court No. - 7
HON'BLE MANISH MATHUR, J.
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1. Heard Mr.Sheikh Wali Uz Zaman, learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties.
2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 07.11.2025 whereby petitioner's representation for transfer to District Ghazipur in light of paragraph 5(iv) of Government Order dated 06.05.2025 has been rejected.
3. It has been submitted that earlier petitioner had filed WRIT - A No.
- 14730 of 2025 seeking the same relief which was disposed of vide order dated 25.09.2025 directing opposite parties to consider grievance of petitioner. It is in pursuance thereof that the impugned order has been passed indicating petitioner's earlier posting in Ghazipur for a period of 12 years and is the reason for rejection of petitioner's application.
4. Supplementary affidavit filed today is taken on record.
5. It is submitted that petitioner's wife is suffering from locomotor disability to the extent of 55 per cent as indicated in disability certificate dated 26.05.2025 brought on record as Annexure SA-1 to the supplementary affidavit. It is therefore submitted that in terms of Versus Counsel for Petitioner(s) : Rupesh Kumar Kasaudhan, Sheikh Wali Uz Zaman Counsel for Respondent(s) : C.S.C. Vinay Kumar Gupta .....Petitioner(s) State Of U.P.Thru. Prin. Secy./Uppar Mukhya Sachiv Deptt. Medi. Health Family Welfare And 2 Others .....Respondent(s)
provisions of paragraph 5(iv) of Government Order dated 06.05.2025, the option of petitioner was required to be considered.
6. Learned State Counsel has been provided written instructions dated 02.12.2025, which is taken on record, and reiterates the aspect that petitioner cannot be posted in District Ghazipur since he had already been posted there for a period of 12 years till year 2021. The instructions however, indicates six posts of Senior Assistant vacant in the adjoining District of Ballia in which petitioner can be adjusted.
7. In view of instructions, opposite party no.1 i.e. Principal Secretary/ Uppar Mukhya Schiv, Department of Medical Health and Family Welfare U.P. or any other competent authority is directed to pass appropriate orders for posting of petitioner in District Ballia expeditiously within a period of ten days from the date a certified copy of this order is served upon authority concerned. It is further directed that petitioner may file a fresh representation in the next annual transfers for posting in District Ghazipur which may be considered sympathetically in light of policy then existing.
8. With aforesaid directions, the petition stands dispensed with. December 3, 2025 kvg/- WRIA No. 13815 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench