Vimlesh Kumar v. State of U.P. Thru. Prin. Secy. Food Safety and Drug Administration, Deptt. Lucknow and 2 Others

Court No. - 20 Case :- WRIT - A No. - 8531 of 2023 Petitioner :- Vimlesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Food Safety And Drug Administration, Deptt. Lucknow And 2 Others Counsel for Petitioner :- Vashu Deo Mishra,S.K. Mishra Nagraha Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

¶2Petition has been filed challenging order dated 30.06.2023 whereby petitioner has been transferred from Lucknow to Jhansi. Also under challenge is order dated 19.10.2023 whereby petitioner's representation has been rejected vide orders dated

27.09.2023 and 19.10.2023 rejecting petitioner's representation.

¶3Earlier transfer order dated 30.06.2023 was challenged by petitioner in Writ A No.5027 of 2023 which was disposed of vide order dated 17.07.2023 directing opposite parties to consider petitioner's representation with regard to grounds taken in petition that petitioner is entitled for couple posting since his wife is posted at Sitapur and is undergoing medical treatment.

¶4The said representation has thereafter been rejected by means of impugned order. In pursuance of directions issued by this Court earlier, learned State counsel has produced the original record as per which petitioner's representation has thereafter been rejected by Hon'ble the Chief Minister.

¶5In view of aforesaid facts, learned counsel for petitioner submits that earlier in pursuance of directions issued by this Court, petitioner had submitted a representation only against the impugned transfer order but since there is specific provision in the Government Order dated 07.06.2023 regarding couple posting, he may be granted liberty to make a fresh representation before concerned authority for such couple posting in the annual transfer.

¶6Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before concerned authority with regard to couple posting in view of Government Order applicable upon him at the time of annual transfer.

¶7In view of aforesaid, petition stands disposed of. Order Date :- 23.11.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench