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2025 DAILYLAW 102263 (ALL)

YUDHVEER SINGH v. STATE OF U.P. AND 3 OTHERS

WRIA/15109/2025 · 2025-10-06

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15109 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. The petitioner has preferred instant writ petition challenging an order dated 11.09.2025 passed by respondent no. 3 - Member-Secretary, District Administrative Committee, Primary Agricultural Cooperative Credit Societies Centralized Service, Bijnor/ Assistant Commissioner & Assistant Registrar, Cooperative Societies, Bijnor. Learned counsel for the petitioner contends that the order impugned, whereby he has been transferred to home block, is not permissible in law in view of Regulation 36(c) of the Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralized Service Rules, 1978. He further submits that no resolution was of the District Administrative Committee to permit such transfer, and therefore, this transfer is per se bad. Mr. Mahesh Narayan Mishra, learned counsel appearing for the respondents submits that the resolution is there in support of transfer, however on the question of placing by transferring home block, he submits that this Court has previously on this aspect of the matter given number of decisions, one being in the case of Yaad Ram v. State of U.P and 3 Others, Writ A No. 20683 of 2022 relying upon judgment of this Court in the case of Harish Kumar Sharma v. State of U.P. and 3 Others, Writ A No. 13425 of 2022 based upon Regulation 36(c) of Chapter VII of the Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralized Service Rules, 1978. In view of above, I find merit in the submission advanced by learned counsel for the petitioner and accordingly. At this stage, Sri Mishra submits that the order may be Versus Counsel for Petitioner(s) : Shivangi Rai, Sujeet Kumar Rai Counsel for Respondent(s) : C.S.C., Mahesh Narayan Mishra Yudhveer Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) quashed and matter may be remitted to the authority concerned to take decision afresh. In view of above, the order impugned is quashed and the the matter is remanded back to respondent no. 2 to take fresh decision in the matter of transfer of petitioner and pass appropriate orders afresh in the light of service regulations discussed above. The writ petition is accordingly allowed. No order as to costs. October 7, 2025 DS WRIA No. 15109 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad