Radhey Shyam Diwakar v. State of U.P. Thru. Chief Secy. Lalbahadur Shastri Bhawan Lko. U.P. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 8576 of 2023 Petitioner :- Radhey Shyam Diwakar Respondent :- State Of U.P. Thru. Chief Secy. Lalbahadur Shastri Bhawan Lko. U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel for opposite parties.

¶2Petition has been filed challenging order dated 29.09.2023 whereby petitioner has been transferred from District Chitrakoot to District Sumerpur Range, Hameerpur.

¶3It has been submitted that petitioner prior to the impugned order has been working in District Chitrakoot which has been declared as one of the aspirational districts and therefore petitioner would be covered by paragraph 4 (iv) of the Government Order dated 07.06.2023 whereby after remaining posted in such an aspirational district, he was required to be transferred and posted in accordance with his options. He has also drawn attention to paragraph 5 of the Government Order to submit that petitioner even otherwise cannot be relieved to join at the transfer place until and unless his vacancy is filled up.

¶4Learned counsel has submitted that in pursuance of the aforesaid provisions, options were sought by means of letter dated 16.06.2023 whereafter petitioner has given his options for 4 places with one of the options pertaining to Rath Range, Hameerpur but petitioner has been posted in Sumerpur Range, Hameerpur, which is not in accordance with his options.

¶5Learned State Counsel on the basis of written instructions, which are taken on record however submits that once petitioner had already given an option for Hameerpur, impugned order has been passed in accordance with his option.

¶6Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that while petitioner had given an option for posting in Rath Range, Hameerpur, it appears that he has not been posted in accordance with his options as required under paragraph 4 of the Government Order dated 07.06.2023.

¶7Considering the aforesaid facts, a liberty is granted to petitioner to file a fresh representation before the opposite party no.2 i.e. Additional Chief Secretary, Environment, Forest & Climate Change Forest Department, Lucknow within the period of four days from today. In case such a representation is filed, the same shall be considered and decided within a period of ten days thereafter. Till decision on petitioner's representation, it is directed that petitioner shall relieved on 02.11.2023, in pursuance of impugned order dated 29.09.2023 and shall not be compelled to join at the transfer place.

¶8With the aforesaid directions, the petition stands disposed of. Order Date :- 3.11.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench