Pno. No. 052430350 H.C. Phool Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko and 2 Others

Court No. - 20 Case :- WRIT - A No. - 9796 of 2023 Petitioner :- Pno. No. 052430350 H.C. Phool Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko And 2 Others Counsel for Petitioner :- Anupam Shukla 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 13.09.2023 as well as relieving order dated 04.12.2023 whereby petitioner has been transferred from Lakhimpur Kheri to Ayodhya Range.

¶3It has been submitted that the impugned transfer has been effected in mid session and petitioner's son is studying and due to aforesaid transfer, his studies would be hampered. Learned counsel has also drawn attention to the Government Order dated 07.06.2023 to the effect that all such transfer were required to be effected by the cut off date of 30.06.2023 but impugned order has been passed beyond the aforesaid cut off date. He has also adverted to order dated 08.02.2021 passed in Writ Petition No.3551(SS) of 2021; Harindra Kumar Ram versus State of U.P. & Ors.

¶4Considering submissions advanced by learned counsel for petitioner, he is granted three days' time to submit a fresh representation with regard to aforesaid transfer before opposite party no.2 who shall consider and decide the same sympathetically within a period of ten days from its receipt.

¶5It is directed that till decision on petitioner's representation, he shall not be compelled to join at the transferred place.

¶6With the aforesaid observation, petition stands disposed of. Order Date :- 20.12.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench