HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14216 of 2017 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Pramod Kumar Pandey, learned counsel for the petitioner, Sri Ashok Khare, learned Senior Counsel assisted by Sri Alok Mishra, learned counsel for the respondents and Sri Dhananjai Singh, learned Standing Counsel. 2. The petitioner has come up with a case that an order was passed in his favour for seeking transfer from a department of Animal Husbandry and Dairying in Kulbhashkar Ashram Post Graduate College, Allahabad to Uday Pratap Autonomous College, Varanasi. However, due to intervening circumstances said transfer order was not executed, therefore he has approached this Court by way of filing a Writ No. 31927 of 2016, which was disposed of and the Director of Higher Education was directed to take a decision in accordance with law. In the impugned order the claim of petitioner was rejected on the ground that subsequently the NOC given by the Uday Pratap Autonomous College, Varanasi, was withdrawn by an order dated 03.01.2011 and the said fact is not being disputed therefore the very basis of transfer is now not in existence. 3. The Court also takes note of the fact that respondent no. 5 is working as Honorary Lecturer, Department Animal Husbandry and Dairying, Uday Pratap Autonomous College, Varanasi and his services are protected by an order dated 16.06.2010 passed in Writ No. 35013 of 2010 that he will Versus Counsel for Petitioner(s) : Amit Saxena, Amit Saxena (Senior Adv.), Awadhesh Kumar Singh, Pramod Kumar Pandey Counsel for Respondent(s) : Alok Mishra, Archana Singh, C.S.C., Mukesh Kumar Singh, Pramod Kumar Singh Kamlesh Singh .....Petitioner(s) State Of U.P. And 3 Ors. .....Respondent(s) continue to work till a substantive appointment is made by the Commission. 4. Learned Senior Counsel for the petitioner is not able to deny that only interpretation would be that the said respondent can work till regular appointment is made by the Commission and concerned post can not be filled up by way of transfer. The Court also takes note that when this writ petition was filed in the year 2017 the petitioner has declared his age about 51 years, therefore presently he must be around 60 years and as such he is at verge of his superannuation. 5. In the aforesaid circumstances, no case is made out for transfer. No direction can be passed to carry out a transfer order issued in the year 2017, since subsequently the NOC issued by the U.P. College at Varanasi was withdrawn. 6. Accordingly, writ petition is disposed of. February 17, 2026 Vibha Singh WRIA No. 14216 of 2017 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad