Created by Fuzzy Cloud

Allahabad High Court

ANOOP KUMAR DWIVEDIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court held that the petitioner must first seek redress through a representation to the concerned authority before the court can intervene.

Summary

The petitioner, Anoop Kumar Dwivedi, filed a writ petition challenging a government order dated 14 September 2026 that transferred him from Etah to Aligarh. He argued that, under the transfer policy, a husband and wife both serving in government positions should be accommodated at the same station, as his wife is an Assistant Teacher in Etah. The court noted that the petitioner could file a representation with the third respondent within one week for redressal. The court directed that any such representation, if filed, be considered by the third respondent within four weeks after providing a hearing to all parties. As no representation was filed, the court disposed of the petition.

Issues considered

  • Whether the transfer order violating the policy of joint accommodation for husband and wife in government service can be set aside

Subjects

  • transfer policy
  • government service
  • joint accommodation
  • administrative law
  • writ petition

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 15991 of 2026

                                    Anoop Kumar Dwivedi
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Nand Lal Pandey, Suyash Pandey
                                    Counsel for Respondent(s)          :   C.S.C.

                                    Court No. - 33
                                                      HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Petitioner has challenged the order of transfer dated 14.09.2026,
                                    transferring the petitioner from Etah to Aligarh.

                                    2. It has been contended by learned counsel for the petitioner that wife of
                                    the petitioner is also working as Assistant Teacher at Etah, and the
                                    transfer policy provides that in case husband and wife both are in
                                    Government service, they may be accommodated at one station.

                                    3. Learned Standing Counsel has submitted that petitioner may file a
                                    representation for redressal of his grievances before respondent No. 3.

                                    4. In case any such representation is filed by the petitioner within a period
                                    of one week, the same shall be considered and decided by respondent No.
                                    3 in accordance with law, after providing opportunity of hearing to all the
                                    concerned parties, expeditiously, preferably within a period of four weeks
                                    thereafter.

                                    5. Accordingly, the petition stands disposed of.




                                                                                    (Manish Kumar Nigam,J.)
                                    September 30, 2026
                                    Nitika Sri.




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.