Allahabad High Court
SHASHANK MISHRAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the petition without adjudicating the merits, directing the petitioner to seek relief through a fresh representation before the Chairman of UP Power Corporation.
Summary
The petitioner, Shashank Mishra, filed a writ petition under Article 226 seeking a transfer to District Ghaziabad on the ground that his wife suffers from multiple sclerosis. He relied on a recommendation from the Chief Engineer (Distribution), Prayagraj, to support his request. The respondent, Uttar Pradesh Power Corporation, argued that the grievance should be addressed by its Chairman and did not oppose a direction for the petitioner to file a fresh representation. The Court held that the matter could be more appropriately resolved through the internal administrative mechanism and declined to rule on the merits. Accordingly, the Court disposed of the writ petition, directing the petitioner to submit a fresh representation to the Chairman within one week and to await a decision within five weeks.
Issues considered
- Whether a High Court can issue a writ of mandamus directing the transfer of a government employee on medical grounds under Article 226
- Whether the petitioner should first approach the Chairman of Uttar Pradesh Power Corporation for redress before seeking judicial intervention
Subjects
- Article 226
- Writ of Mandamus
- Transfer of Government Employee
- Medical Grounds
- Administrative Remedy
- Uttar Pradesh Power Corporation
- Fresh Representation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15320 of 2026
Shashank Mishra
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Mishra, Saurabh Tripathi,
Sharad Kumar Asthana, Sr. Advocate
Counsel for Respondent(s) : Abhishek Srivastava, C.S.C.
Court No. - 32
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the parties and perused the record on board.
2. Instant writ petition has been filed by the petitioner seeking his transfer to
District Ghaziabad or any other neighbouring district because of the pathetic
medical condition of his wife. The relief, inter alia, sought for by the
petitioner in the instant writ petition is reproduced hereinbelow:-
"i. Issue a writ, order or direction in the nature of Mandamus
commanding the the respondents to transfer the petitioner at District
Ghaziabad or to a nearby district to District Ghaziabad in view of the
peculiar facts and circumstances when his wife is suffering from serious
ailment of Multiple sclerosis, which is a rare disease and occurs in one
out of ten lakh people, by way of affirmative action to be taken within the
stipulated period of time to be stipulated by this Hon'ble Court, in
exercise of extraordinary jurisdiction under Article 226 of the
Constitution of India."
3. Learned counsel for the petitioner submits that having considered the bad
medical condition of the petitioner's wife and the documents related thereto,
the Chief Engineer (Distribution), Prayagraj, has recommended the transfer
of the petitioner in communication addressed to the Director (P & A),
Purvanchal Vidyut Vitran Nigam Ltd. PO-DLW, Varanasi.
WRIA No. 15320 of 2026
2
4. Sri Abhishek Srivastava, learned counsel appearing for the Uttar Pradesh
Power Corporation has contended that the grievance of the present petitioner
raised in the instant writ petition can be more appropriately redressed by the
Chairman of UP Power Corporation Ltd. (respondent No. 2), and he has no
objection, in case, a direction is issued for expeditious disposal of a fresh
representation to be moved by the petitioner within such stipulated period as
may be directed by this Court.
5. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any observation
on the merits of the case, with liberty to the petitioner to move a fresh
representation before the Chairman of UP Power Corporation Ltd.
(respondent No. 2), to ventilate his grievance, as averred in the present writ
petition, within a period of one week from today, along with a certified copy
of this order and a self attested copy of the present writ petition, and, in turn,
he shall sympatrically consider and decide the same in accordance with law
expeditiously, preferably, within a period of five weeks from the date of
production of such representation.
6. With the aforesaid observation, present writ petition is disposed of.
September 23, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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