Allahabad High Court
KM NIMISHA SAXENAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court ordered the respondent to consider the pending representation and dispose of it within twelve weeks, without adjudicating the merits of the petition.
Summary
Petitioner Nimisha Saxena filed a writ petition seeking a transfer on compassionate grounds from the District Employment Office in Etawah to that in Agra. The petitioner had already submitted a representation dated 13 May 2026 for the same relief. The standing counsel argued that the petition was redundant since the representation was pending, and that the court should not entertain it further. The High Court directed the respondent (State) to consider the representation, provide a hearing to all parties, and decide within twelve weeks, without examining the merits of the transfer request. Consequently, the petition was disposed of without a substantive decision on the transfer.
Issues considered
- What is the appropriate judicial response when a petitioner has already filed a representation seeking transfer on compassionate grounds?
Subjects
- transfer
- compassionate ground
- writ petition
- administrative discretion
- employment office
- hearing
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14991 of 2026
Km Nimisha Saxena
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Yogendra Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. By means of present writ petition, petitioner has prayed for decision on
his representation dated 13.05.2026 seeking transfer on compassionate
ground from District Employment Office, Etawah to District Employment
Office, Agra.
2. Learned Standing Counsel has submitted that as petitioner has already
represented, no useful purpose would be served in keeping this petition
pending and it would be appropriate that respondent No. 2 be directed to
consider the grievance of the petitioner in accordance with law.
3. In view of these facts, respondent No. 2 is directed to consider and
decide the representation dated 13.05.2026 of the petitioner in accordance
with law, after providing opportunity of hearing to all the concerned
parties, expeditiously, preferably within a period of twelve weeks from
the date of production of certified copy of this order.
4. It is made clear that this court has not examined the matter on merits
and the order shall be passed strictly in accordance with law.
5. Accordingly, the petition stands disposed of.
(Manish Kumar Nigam,J.)
September 18, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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