Neutral Citation No. - 2025:AHC:6199 Court No. - 6 Case :- WRIT - A No. - 16649 of 2024 Petitioner :- Bharat Kumar Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kushmondeya Shahi,Tanuj Shahi Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Present petition has been filed with the following prayer: "a). Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 31.08.2024 passed by the respondent No.3/District Basic Education Officer, Kanpur Nagar. b. Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to work as Block Education Officer, Block Bidhanoo, District Kanpur Nagar." 3. The case was heard on 03.01.2025 and the Court had passed the following order: "1. Heard learned counsel for petitioner and Sri P.K. Srivastava, learned Additional Chief Standing Counsel for State. 2. Learned counsel for petitioner prays for and is permitted to implead Director of Education (Basic), Government of U.P., Lucknow as respondent no. 5 during the course of the day. 3. Learned counsel for petitioner submitted that impugned order is in teeth of Government Order dated 31.12.2012 and considering this fact, earlier this Court in Service Bench No. 1673 of 2012 has allowed the writ petition vide order dated 07.07.2017. He next submitted that in the light of Government Order dated 31.12.2012, petitioner is a Group- B employee, therefore, in terms of Government Order dated 11.06.2024, petitioner may only be transferred by the order of Head of Department. In the present case, impugned transfer order has been passed by respondent no. 3, therefore, the same is bad and liable to be set aside. 4. Sri P.K. Srivastava, learned Additional Chief Standing Counsel prays for and is granted one week time to seek written instruction about the matter from respondent no. 5. 5. Put up this case as fresh on 10.12.2024. 6. Sri P.K. Srivastava, learned Additional Chief Standing Counsel is directed to send a copy of this order to respondent no. 5-Director of Education (Basic), Government of U.P., Lucknow within 24 hours for immediate compliance." 4. Pursuant to the order of this Court dated 02.12.2024, Mr. Pratap Singh Baghel (Director of Education, Basic) has filed personal affidavit. He could not dispute that the order impugned has not been passed by the Director of Education (Basic), U.P. 5. Learned counsel for the petitioner has pointed out that on similar set of facts, earlier petitioner filed a writ petition bearing Service Bench No.1673 of 2012 before this Court, which was allowed with the finding that Block Education Officer shall not be transferred by B.S.A. as such transfer is without jurisdiction. 6. Under such facts and circumstances of the case, the writ petition is allowed. The transfer order dated 31.08.2024 is hereby quashed so far as relates to the petitioner. 7. However, liberty is given to respondents to pass fresh order, strictly in accordance with rules, government order and transfer policy. Order Date :- 10.1.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad