Prasang Srivastava vs Union Of India Thru. Home Secy. Ministry Of

Singh, learned counsel for opposite party Nos. 1 to 4.

2. In view of order being passed, issuance of notice to opposite party Nos. 5 to 7 shall stand dispensed with.

3. Petition has been filed challenging order dated

08.09.2025 rejecting petitioner's representation against his transfer. Also under challenge is transfer order dated

13.06.2025 and relieving order dated 17.06.2025 transferring petitioner to Andaman & Nicobar Islands. Further prayer has been made to challenge order dated

08.11.2024 whereby salary of petitioner from October onwards was withheld. Prayer has also been made to challenge show cause notices dated 13.10.2023,

22.12.2023 and Office Memorandum dated 21.02.2025.

4. However, learned counsel for petitioner, on the basis of instructions submits that he is withdrawing challenge 2 WRIA No. 11583 of 2025 to withholding of salary and show cause notices with liberty to file fresh petitions.

5. In view of above, liberty to file fresh petitions with regard to withholding of salary and challenge to the aforesaid show cause notices is hereby granted.

6. So far as challenge to impugned transfer and relieving order is concerned, it is submitted that earlier petitioner had filed Writ-A No. 9291 of 2025 which was decided by means of order dated 22.08.2025 directing authority concerned to consider petitioner's representation. It is submitted that in pursuance thereof, impugned order has been passed.

7. It has been submitted that ground taken by petitioner pertained to couple posting in terms of Circulars, Office Memorandums issued by opposite parties themselves as well as the aspect of discrimination since other similarly situated persons who were posted, prior to petitioner in the State, have been retained while transferring petitioner.

8. Learned counsel for answering opposite parties, on the basis of written instructions dated 12.10.2025, which are taken on record, submits that so far as the aspect of couple posting is concerned, although the same is provided in Office Memorandum dated 24.11.2022 but is not absolute in nature and there is no discrimination with regard to same since other similarly situated persons have 3 WRIA No. 11583 of 2025 been transferred despite having the same problem. It is also submitted that even otherwise no other person in the same post of Statistical Investigator Grade - II has been retained. It is also submitted that very soon a Census Operation in the country will be commenced due to which appropriate transfer and postings are required to be made for its easy implementation.

9. On consideration of submissions advanced by learned counsel for parties and perusal of material on record. it is thus evident that impugned order of transfer has been challenged primarily on twin grounds of discrimination and couple posting.

10. The aspect of couple posting has clearly been indicated in Office Memorandum dated 24.11.2022 in which Part - B Para - 2(vii) provides for couple posting where one spouse is employed under the Central Government and the other spouse is employed under the State Government. It has been indicated that in case the spouse employed under the Central Government applies to the competent authority for posting in the station where his spouse is posted it would be considered and if there is no such post available in the station, then to the State where other spouse is posted.

11. It is also evident that as per notification dated

19.03.2018 for purposes of Group - B posts eligibility for transfer/posting is required to be taken as 10 years. 4 WRIA No. 11583 of 2025

12. In the instructions, it has been indicated that petitioner was initially appointed on the post of Compiler on 09.03.2009 which is a Group 'C' post and thereafter he was promoted in the Group - B post on 01.10.2019. It is therefore evident that on Group - B post, petitioner has not yet completed 10 years.

13. Nonetheless, it is settled aspect of law that transfer is an exigency of service and there is no compulsion with the opposite parties to post couples together and the same can be dispensed with in exigencies of service, such as in pending census operations.

14. It also appears that although discrimination has been alleged by the petitioner, but a bare perusal of his representation dated 22.08.2025 will indicate allegations of discrimination have been levelled with regard to persons who were holding post of Joint Director, Assistant Director and Statistical Investigator Grade - I. There is no assertion that any officer on the post of Statistical Investigator Grade - II as that of petitioner was retained while transferring petitioner.

15. In view thereof, the aspect of discrimination is clearly not made out. The said aspect has also been indicated in the impugned order.

16. Learned counsel for petitioner has also adverted to the fact that at least three show cause notices have been issued to him on 13.10.2023, 22.12.2023 and 21.02.2025 5 WRIA No. 11583 of 2025 and it will be virtually impossible for him to respond to and participate in the said proceedings in case he is transferred to Andaman & Nicobar Islands. 17, Learned counsel for opposite parties, on the basis of instructions, submits that earlier options have been sought from all the employees including petitioner with regard to their choice postings but was not responded to by petitioner.

18. In view of discussion made here-in-above, it is evident that there is no mandatory provision for couple posting in favour of petitioner and no discrimination is made out with regard to his transfer.

19. However, in view of the fact that at least three proceedings are pending against petitioner in the State of U.P. and choice posting having been sought by the department itself which was not responded by petitioner, liberty is granted to petitioner file a representation before opposite party No.2, i.e. Registrar General & Census Commissioner, 2/A, Mansingh Road, New Delhi - 110 011 within three days from today, the same shall be considered and decided within ten days from the date of receipt of a certified copy of this order alongwith representation.

20. Till decision on petitioner's representation, petitioner shall not be compelled to join at the transferred place of posting. 6 WRIA No. 11583 of 2025

21. With the aforesaid direction(s), petition stands disposed of. October 15, 2025 lakshman (Manish Mathur,J.) LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench

Singh, learned counsel for opposite party Nos. 1 to 4.

2. In view of order being passed, issuance of notice to opposite party Nos. 5 to 7 shall stand dispensed with.

3. Petition has been filed challenging order dated

08.09.2025 rejecting petitioner's representation against his transfer. Also under challenge is transfer order dated

13.06.2025 and relieving order dated 17.06.2025 transferring petitioner to Andaman & Nicobar Islands. Further prayer has been made to challenge order dated

08.11.2024 whereby salary of petitioner from October onwards was withheld. Prayer has also been made to challenge show cause notices dated 13.10.2023,

22.12.2023 and Office Memorandum dated 21.02.2025.

4. However, learned counsel for petitioner, on the basis of instructions submits that he is withdrawing challenge 2 WRIA No. 11583 of 2025 to withholding of salary and show cause notices with liberty to file fresh petitions.

5. In view of above, liberty to file fresh petitions with regard to withholding of salary and challenge to the aforesaid show cause notices is hereby granted.

6. So far as challenge to impugned transfer and relieving order is concerned, it is submitted that earlier petitioner had filed Writ-A No. 9291 of 2025 which was decided by means of order dated 22.08.2025 directing authority concerned to consider petitioner's representation. It is submitted that in pursuance thereof, impugned order has been passed.

7. It has been submitted that ground taken by petitioner pertained to couple posting in terms of Circulars, Office Memorandums issued by opposite parties themselves as well as the aspect of discrimination since other similarly situated persons who were posted, prior to petitioner in the State, have been retained while transferring petitioner.

8. Learned counsel for answering opposite parties, on the basis of written instructions dated 12.10.2025, which are taken on record, submits that so far as the aspect of couple posting is concerned, although the same is provided in Office Memorandum dated 24.11.2022 but is not absolute in nature and there is no discrimination with regard to same since other similarly situated persons have 3 WRIA No. 11583 of 2025 been transferred despite having the same problem. It is also submitted that even otherwise no other person in the same post of Statistical Investigator Grade - II has been retained. It is also submitted that very soon a Census Operation in the country will be commenced due to which appropriate transfer and postings are required to be made for its easy implementation.

9. On consideration of submissions advanced by learned counsel for parties and perusal of material on record. it is thus evident that impugned order of transfer has been challenged primarily on twin grounds of discrimination and couple posting.

10. The aspect of couple posting has clearly been indicated in Office Memorandum dated 24.11.2022 in which Part - B Para - 2(vii) provides for couple posting where one spouse is employed under the Central Government and the other spouse is employed under the State Government. It has been indicated that in case the spouse employed under the Central Government applies to the competent authority for posting in the station where his spouse is posted it would be considered and if there is no such post available in the station, then to the State where other spouse is posted.

11. It is also evident that as per notification dated

19.03.2018 for purposes of Group - B posts eligibility for transfer/posting is required to be taken as 10 years. 4 WRIA No. 11583 of 2025

12. In the instructions, it has been indicated that petitioner was initially appointed on the post of Compiler on 09.03.2009 which is a Group 'C' post and thereafter he was promoted in the Group - B post on 01.10.2019. It is therefore evident that on Group - B post, petitioner has not yet completed 10 years.

13. Nonetheless, it is settled aspect of law that transfer is an exigency of service and there is no compulsion with the opposite parties to post couples together and the same can be dispensed with in exigencies of service, such as in pending census operations.

14. It also appears that although discrimination has been alleged by the petitioner, but a bare perusal of his representation dated 22.08.2025 will indicate allegations of discrimination have been levelled with regard to persons who were holding post of Joint Director, Assistant Director and Statistical Investigator Grade - I. There is no assertion that any officer on the post of Statistical Investigator Grade - II as that of petitioner was retained while transferring petitioner.

15. In view thereof, the aspect of discrimination is clearly not made out. The said aspect has also been indicated in the impugned order.

16. Learned counsel for petitioner has also adverted to the fact that at least three show cause notices have been issued to him on 13.10.2023, 22.12.2023 and 21.02.2025 5 WRIA No. 11583 of 2025 and it will be virtually impossible for him to respond to and participate in the said proceedings in case he is transferred to Andaman & Nicobar Islands. 17, Learned counsel for opposite parties, on the basis of instructions, submits that earlier options have been sought from all the employees including petitioner with regard to their choice postings but was not responded to by petitioner.

18. In view of discussion made here-in-above, it is evident that there is no mandatory provision for couple posting in favour of petitioner and no discrimination is made out with regard to his transfer.

19. However, in view of the fact that at least three proceedings are pending against petitioner in the State of U.P. and choice posting having been sought by the department itself which was not responded by petitioner, liberty is granted to petitioner file a representation before opposite party No.2, i.e. Registrar General & Census Commissioner, 2/A, Mansingh Road, New Delhi - 110 011 within three days from today, the same shall be considered and decided within ten days from the date of receipt of a certified copy of this order alongwith representation.

20. Till decision on petitioner's representation, petitioner shall not be compelled to join at the transferred place of posting. 6 WRIA No. 11583 of 2025

21. With the aforesaid direction(s), petition stands disposed of. October 15, 2025 lakshman (Manish Mathur,J.) LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench