Archana Mishra v. State of U.P. and 2 Others

Court No. - 34 Case :- WRIT - A No. - 20084 of 2023 Petitioner :- Archana Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Misra,Ayush Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. Petitioner has a grievance against the transfer order dated

30.06.2023, whereby, she has been transferred from Sonbhadra to Aligarh. The grievance of the petitioner is that her daughter is studying in Class 10th and will be appearing in the Board examination in 2022-23 and submits that the transfer is going to adversely affect and prejudice her right as it does amount to a transfer in mid session. Learned Standing Counsel on the contrary argues that the petitioner has been transferred under the general transfer order in administrative exigency and any interference with the general transfer list would cause prejudice to other persons who have been transferred by the same general transfer order dated 30.06.2023. However, he submits that the representation that has been made to the higher authorities, may be directed to be disposed of in accordance with law. Having heard learned counsel for the parties and having perused the records, it is found that specific averments made in para 19 of the writ petition to the effect that petitioner's daughter is studying in Class 10th and she will be appearing in Board examination to be held in the year 2024. In the circumstances, therefore, the Court considers it appropriate for the respondents to consider the grievance of the petitioner raised in her representation dated 06.11.2023 in accordance with the transfer policy. Appropriate decision shall be taken within a period of 30 days from the date of production of certified copy of this order. With the aforesaid observations and directions, this petition stands disposed of. Needless to add that the order to be passed by the competent authority, as directed herein above, shall be reasoned and speaking one. Order Date :- 5.12.2023/IrfanUddin High Court of Judicature at Allahabad