Prasang Srivastava vs U.O.I. Thru. Home Secy. Ministry Of Home

1. Heard Mr. Sharad Pathak learned Senior Counsel assisted by Ms. Priya Singh learned counsel for petitioner as well as Mr. S.B. Pandey learned Additional Solicitor General of India assisted by Mr. Raj Kumar Singh learned counsel for opposite parties 1 to 4. In view of order being passed, notice to opposite parties 5 to 7 stands dispensed with.

2. Counter affidavit filed today on behalf of opposite parties 1 to 3 is taken on record.

3. Petition has been filed challenging order dated 27th October, 2025 whereby petitioners' representation against transfer order dated 13th June, 2025, has been rejected. Also under challenge is the order dated 13th June 2025 transferring petitioner from Uttar Pradesh to Andaman and Nicobar Island on the post of Statistical Investigator Grade II.

4. It has been submitted that earlier as well petitioner had filed Writ A No. 9291 of 2025 challenging aforesaid transfer order primarily placing reliance on the office memorandum dated 24th November, 202 issued by the Government of India which provided that where once spouse is employed in central government and the other spouse under State government, the spouse employed under the central government is required to be posted in terms of couple posting. That said petition was disposed of vide order dated 22nd August 2025 with a direction to concerned authority to decide petitioner's representation. 2 WRIA No. 13302 of 2025

5. It is submitted that in pursuance thereof, the order dated 8th September 2025 was passed rejecting petitioner's representation. The said order was thereafter challenged in Writ A No. 11583 of 2025, primarily not only on the ground of spouse posting but also on the ground of discrimination since other similarly situated persons were retained while transferring petitioner. The said petition was disposed of vide the order dated 15th October, 2025 directing the authority concerned to reconsider petitioner's application for choice posting.

6. Learned counsel has drawn attention to paragraph 23 of writ petition to submit that petitioner is being particularly discriminated against in view of the fact that at least seven other persons in the department have been retained in their places of posting even after passing of their transfer orders. It is submitted that earlier in Writ A No. 11583 of 2025, the dispute was primarily on account of the fact that departmental proceedings were pending against him in terms of show cause notices dated 13th October 2023, 22nd December 2023 and 21st February 2025 and therefore it would be virtually impossible for him to respond to and participate in the proceedings in case the transfer order is not modified. He has thereafter adverted to the order dated 15th October 2025, (Annexure 41 to the writ petition) to submit that on that very date itself, the concerned authority passed an order appointing an official as the inquiring authority into charges framed against petitioner.

7. It is therefore submitted that the said order dated 15th October 2025 has been passed only to nullify the directions issued by this court. It is also submitted and reiterated that in case petitioner's transfer order is not interfered with, it would be virtually impossible for him to participate in the proceedings having been transferred 3000 km away. He has also reiterated the aspect of discrimination against petitioner at the instance of opposite parties 6 and 7 who have been impleaded in their personal capacity in view of mala fide being attributed to them.

8. It is also submitted that a perusal of the impugned order will make it evident that there is absolutely no consideration of options which were submitted by petitioner. It is also submitted that the impugned order suffers from non-application of mind. 3 WRIA No. 13302 of 2025

9. Learned counsel for opposite parties on the basis of counter affidavit filed today has refuted submissions advanced by learned counsel for petitioner with the submission that it has been specifically indicated in paragraph 11 of the short counter affidavit filed today that as of now no inquiry proceedings have been initiated by the inquiry officer against petitioner. It has also been stated that census of 2027 is underway and is expected to call around 35 lakh functionaries and for smooth operation of which necessary directions have been issued across India posting officials concerned in places where there is shortage of staff for smooth conduct of Census 2027. It is submitted that gazette notification and re- notification dated 16th October 2025 and 4th November 2025 has been issued with regard to the same. Learned counsel has also drawn attention to paragraph 10 of the short counter affidavit to submit that Andman and Nikobar Islands has 14 sanctioned posts of Statistical Investigator Grade II of which only 6 are currently filled and 8 remain vacant and it is on account of aforesaid aspect that petitioner has been transferred. It is also submitted that transfer is an exigency of service and petitioner does not have any vested right of a particular posting.

10. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the factual aspects as indicated herein above are admitted between the parties.

11. It is evident that the second writ petition filed by petitioner bearing Writ A No. 11583 of 2025 was disposed of vide order dated 15th October

2025. This court has in the aforesaid judgment and order rejected the aspect of discrimination but granted liberty to petitioner to file a fresh representation only on account of the show cause notices having been issued to him on 13th October 2023, 22nd December 2023 and 21st February 2025 since it would be virtually impossible for him to respond to and participate in the proceedings in case he is transferred to Andaman and Nicobar Islands. For the said purpose, liberty was granted to petitioner to provide his options which were required to be decided.

12. From a perusal of the impugned order dated 27th October 2025 which has been passed in pursuance thereof, it is evident that despite the reproduction of petitioner's representation, the authority concerned has 4 WRIA No. 13302 of 2025 not indicated any application of mind with regard to option submitted by the petitioner. The representation has been rejected only on the ground of ongoing census operation of 2027 and that petitioner has not been singled out or discriminated against.

13. It is thus evident that the primary ground for indulgence being granted by this court earlier was on account of the show cause notices which had been issued against petitioner. It is admitted between parties that as of date, no charge sheet has been issued to the petitioner although an inquiry officer has already been appointed.

14. In view thereof, it is evident that even in case petitioner joins at the transferred place, he would have ample opportunity to participate in the proceedings since no charge sheet has admittedly been issued till date.

15. It is also settled law that choice posting to employees is not a vested right but is in fact a discretion conferred upon the authorities concerned. Once this court in the earlier order has has clearly rejected the aspect of discrimination, it is not open to this court to re-open the aforesaid aspect. Considering the reasoning indicated in the counter affidavit with regard to ongoing census operations of 2027 and in view of shortage of officers and staff indicated therein, this court does not find any good ground to grant indulgence.

16. This petition therefore fails and is dismissed. Parties to to bear their own costs. November 24, 2025 prabhat (Manish Mathur,J.) PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Mr. Sharad Pathak learned Senior Counsel assisted by Ms. Priya Singh learned counsel for petitioner as well as Mr. S.B. Pandey learned Additional Solicitor General of India assisted by Mr. Raj Kumar Singh learned counsel for opposite parties 1 to 4. In view of order being passed, notice to opposite parties 5 to 7 stands dispensed with.

2. Counter affidavit filed today on behalf of opposite parties 1 to 3 is taken on record.

3. Petition has been filed challenging order dated 27th October, 2025 whereby petitioners' representation against transfer order dated 13th June, 2025, has been rejected. Also under challenge is the order dated 13th June 2025 transferring petitioner from Uttar Pradesh to Andaman and Nicobar Island on the post of Statistical Investigator Grade II.

4. It has been submitted that earlier as well petitioner had filed Writ A No. 9291 of 2025 challenging aforesaid transfer order primarily placing reliance on the office memorandum dated 24th November, 202 issued by the Government of India which provided that where once spouse is employed in central government and the other spouse under State government, the spouse employed under the central government is required to be posted in terms of couple posting. That said petition was disposed of vide order dated 22nd August 2025 with a direction to concerned authority to decide petitioner's representation. 2 WRIA No. 13302 of 2025

5. It is submitted that in pursuance thereof, the order dated 8th September 2025 was passed rejecting petitioner's representation. The said order was thereafter challenged in Writ A No. 11583 of 2025, primarily not only on the ground of spouse posting but also on the ground of discrimination since other similarly situated persons were retained while transferring petitioner. The said petition was disposed of vide the order dated 15th October, 2025 directing the authority concerned to reconsider petitioner's application for choice posting.

6. Learned counsel has drawn attention to paragraph 23 of writ petition to submit that petitioner is being particularly discriminated against in view of the fact that at least seven other persons in the department have been retained in their places of posting even after passing of their transfer orders. It is submitted that earlier in Writ A No. 11583 of 2025, the dispute was primarily on account of the fact that departmental proceedings were pending against him in terms of show cause notices dated 13th October 2023, 22nd December 2023 and 21st February 2025 and therefore it would be virtually impossible for him to respond to and participate in the proceedings in case the transfer order is not modified. He has thereafter adverted to the order dated 15th October 2025, (Annexure 41 to the writ petition) to submit that on that very date itself, the concerned authority passed an order appointing an official as the inquiring authority into charges framed against petitioner.

7. It is therefore submitted that the said order dated 15th October 2025 has been passed only to nullify the directions issued by this court. It is also submitted and reiterated that in case petitioner's transfer order is not interfered with, it would be virtually impossible for him to participate in the proceedings having been transferred 3000 km away. He has also reiterated the aspect of discrimination against petitioner at the instance of opposite parties 6 and 7 who have been impleaded in their personal capacity in view of mala fide being attributed to them.

8. It is also submitted that a perusal of the impugned order will make it evident that there is absolutely no consideration of options which were submitted by petitioner. It is also submitted that the impugned order suffers from non-application of mind. 3 WRIA No. 13302 of 2025

9. Learned counsel for opposite parties on the basis of counter affidavit filed today has refuted submissions advanced by learned counsel for petitioner with the submission that it has been specifically indicated in paragraph 11 of the short counter affidavit filed today that as of now no inquiry proceedings have been initiated by the inquiry officer against petitioner. It has also been stated that census of 2027 is underway and is expected to call around 35 lakh functionaries and for smooth operation of which necessary directions have been issued across India posting officials concerned in places where there is shortage of staff for smooth conduct of Census 2027. It is submitted that gazette notification and re- notification dated 16th October 2025 and 4th November 2025 has been issued with regard to the same. Learned counsel has also drawn attention to paragraph 10 of the short counter affidavit to submit that Andman and Nikobar Islands has 14 sanctioned posts of Statistical Investigator Grade II of which only 6 are currently filled and 8 remain vacant and it is on account of aforesaid aspect that petitioner has been transferred. It is also submitted that transfer is an exigency of service and petitioner does not have any vested right of a particular posting.

10. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the factual aspects as indicated herein above are admitted between the parties.

11. It is evident that the second writ petition filed by petitioner bearing Writ A No. 11583 of 2025 was disposed of vide order dated 15th October

2025. This court has in the aforesaid judgment and order rejected the aspect of discrimination but granted liberty to petitioner to file a fresh representation only on account of the show cause notices having been issued to him on 13th October 2023, 22nd December 2023 and 21st February 2025 since it would be virtually impossible for him to respond to and participate in the proceedings in case he is transferred to Andaman and Nicobar Islands. For the said purpose, liberty was granted to petitioner to provide his options which were required to be decided.

12. From a perusal of the impugned order dated 27th October 2025 which has been passed in pursuance thereof, it is evident that despite the reproduction of petitioner's representation, the authority concerned has 4 WRIA No. 13302 of 2025 not indicated any application of mind with regard to option submitted by the petitioner. The representation has been rejected only on the ground of ongoing census operation of 2027 and that petitioner has not been singled out or discriminated against.

13. It is thus evident that the primary ground for indulgence being granted by this court earlier was on account of the show cause notices which had been issued against petitioner. It is admitted between parties that as of date, no charge sheet has been issued to the petitioner although an inquiry officer has already been appointed.

14. In view thereof, it is evident that even in case petitioner joins at the transferred place, he would have ample opportunity to participate in the proceedings since no charge sheet has admittedly been issued till date.

15. It is also settled law that choice posting to employees is not a vested right but is in fact a discretion conferred upon the authorities concerned. Once this court in the earlier order has has clearly rejected the aspect of discrimination, it is not open to this court to re-open the aforesaid aspect. Considering the reasoning indicated in the counter affidavit with regard to ongoing census operations of 2027 and in view of shortage of officers and staff indicated therein, this court does not find any good ground to grant indulgence.

16. This petition therefore fails and is dismissed. Parties to to bear their own costs. November 24, 2025 prabhat (Manish Mathur,J.) PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench