Neutral Citation No. - 2025:AHC:2035 Court No. - 10 Case :- WRIT - A No. - 16627 of 2024 Petitioner :- Smt. Pratiksha Rajpoot Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- Adarsh Singh,C.S.C.,Indra Raj Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri V..K.Singh, learned Senior Counsel assisted by Sri Vinod Kumar Singh, learned counsel for the petitioner, Sri D.K.Singh, learned Standing Counsel and Sri Ashok Khare,learned Senior Counsel assisted by Sri Indra Raj Singh on behalf of respondent no.6. 2. It is not under much dispute that the appointment of respondent no.6 as a Principal of R.C.Girls Inter College, Hathras is protected in terms of an interim order dated 27.2.2023 passed in Special Appeal No.56 of 2023, wherein the issue of appointment of Principal of various College is seized with. Relevant part of the said interim order is reproduced hereinafter: "Having regard to the overall facts and circumstances of the case and also considering the fact that large number of appointments are going to be affected and further that the appellants have been working as regularly appointed Principals since December 2022, we hereby provide that till the next date of listing, status-quo as it exists today shall be maintained by the parties of this special appeal. List after four weeks for hearing. " 3. Same benefit has been granted in Special Appeal No.57 of 2023 filed by U.P.Secondary Education Allahabad Through Secretary. 4. The respondent no.6 was transferred from R.C. Girls Inter College, Hathras to Maharani Laxmibai, Kanya Inter College, Etah vide order dated 28.6.2024, subject to outcome of Special Appeal No.56 of 2023. 5. Aforesaid order was challenged by the petitioner on the ground that he is the Seniormost Teacher in the Maharani Laxmibai, Kanya Inter College, Etah and was working as an Officiating Principal and by violating the order of status quo, respondent no.6 was illegally transferred to the present college and right of the petitioner to officiate on the post of Principal was prejudiced. 6. Learned Senior Counsel appearing on behalf of petitioner submitted that impugned transfer order was not passed in seriatum as well as that the interim order of status quo is being violated by the State. 7. Learned Senior Counsel appearing on behalf of the respondent no.6 has supported the transfer order that status quo order does not bar to extend service benefit to the Respondent no.6 which also includes transfer from one school to another school. 8. Learned Standing Counsel referred paragraph 13 of the counter affidavit which is reproduced hereinafter: "13. That, in light of the aforementioned interim order, Respondent No. 6, being a selected Principal, is entitled to continue in her position as Principal. The transfer to Maharni Laxmibai Kanya Inter College, Etah, is consisted with the interim order, as it pertains to her status as Principal rather than her specific posting. Administrative transfers are routine measures that do not violate the principle of status quo as contemplated by the Division Bench." 9. I have considered the above submissions and perused the records. 10, As referred above, appointment of respondent no.6 on the post of Principal at R.C.Girls Inter College, Hathras is under an interim order passed in Special Appeal No.56 of 2023, wherein it was directed that status quo as it exists on 27.2.2023 shall be maintained by the parties of this Special Appeal, as such appointment of the petitioner at the place on the date of order i.e. 27.2.2023 is protected by an interim order. 11. A transfer from one place to another place is a part of service. However, once appointment of the respondent no.6 is governed by above referred interim protection under an order of status quo, therefore, without any permission of Division Bench, a transfer from one place to another place was not appropriate. 12. In aforesaid circumstances, the Court takes a serious note of contents of para 13 of the counter affidavit filed on behalf of Additional Director of Education (Secondary) U.P. Prayagraj, (respondent no.2) that Administrative transfers are routine measures that do not violate the principle of status quo as contemplated by the Division Bench. 13. Even assuming that status quo order does not bar a transfer, still, State officials ought to have remained cautious and before any such order, they ought to have sought a clarification from the Division Bench which has passed the interim order. However, such precaution was not adopted, therefore, this Court is of considered opinion that impugned order of transfer is bad in law and this writ petition is disposed of with liberty to State Government to approach the Division Bench to get a clarification. Order Date :- 6.1.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad