WRIA/13655/2025 of SUDHIR KUMAR SRIVASTAVA Vs STATE OF U.P. THRU. PRIN SECY. MEDICAL HEALTH AND FAMILY WELFARE DEPTT. LKO. AND ANOTHER on 25 November 2025

1. Heard 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 seeking challenge to order dated 17.10.2025 whereby petitioner's representation for posting in District Deoria has been rejected.

3. Learned counsel for petitioner has placed reliance on paragraph 5(iii) of Government Order dated 06.05.2025 to submit that wife of petitioner is suffering from permanent disability of 40% and therefore his representation for posting was required to be considered in terms of aforesaid paragraph of the Government Order. It is submitted that impugned order has been passed primarily on ground that petitioner was earlier posted in District Deoria, which is also his home District, for the past twenty years whereafter he was posted in District Balia since year 2021. It is therefore submitted that even if petitioner cannot be accommodated in District Deoria, his options for posting in Districts Kushi Nagar or Gorakhpur may be considered.

4. Learned State Counsel has refuted the submissions advanced by learned counsel for petitioner with submission that relevant paragraph of Government Order dated 06.05.2025 is only in nature of guidelines Versus Counsel for Petitioner(s) : Anurag Narain Srivastava, Vartika Pandey Counsel for Respondent(s) : C.S.C. Sudhir Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Prin Secy. Medical Health And Family Welfare Deptt. Lko. And Another .....Respondent(s)

and is not binding upon opposite parties. It is submitted that petitioner's representation for posting in District Deoria has been rejected primarily on ground that he had been posted there continuously for the past twenty years with the said District also being his home district. It is submitted that petitioner's grievance was considered sympathetically but did not find any occasion to be allowed.

5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that Deoria is petitioner's home District where, prior to year 2021, he has spent being posted for 20 years. It has not been denied by opposite parties that petitioner's wife is suffering from more than 40% permanent disability and therefore petitioner would be covered by paragraph-5 of Government Order dated 06.05.2025.

6. However, in view of submissions advanced by learned counsel for the parties, without interfering with the order impugned, liberty is granted to petitioner to file a fresh representation before authority concerned for his posting in Districts Kushi Nagar or Gorakhpur particularly in view of paragraph 5 of the Government Order. Decision with regard to same shall be taken expeditiously within a period of three weeks from receipt of representation of petitioner along with a certified copy of this order. The impugned order shall be subject to final orders passed on petitioner's representation.

7. With aforesaid direction, the petition stands finally disposed of. November 25, 2025 kvg/- WRIA No. 13655 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench