Neutral Citation No. - 2025:AHC-LKO:39381 Court No. - 18 Case :- WRIT - A No. - 7383 of 2025 Petitioner :- Jitendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 13.06.2025 whereby petitioner working on the post of Fire Station Officer, Gautambudh Nagar has been transferred to Sadar Unnao. 3. It has been submitted by learned counsel for petitioner that impugned order has been passed in violation of Government Order dated 15.02.2024 since there are two separate committees required to be constituted; (i) which overlooks inter-district transfer indicated in paragraph 2 (kha) of the government and other indicated in paragraph no. 2 (kha) (i) which overlooks posting within the district. 4. It is therefore, submitted that by means of impugned order, the committee which was constituted for inter-district transfer could not have issued posting orders for purposes of petitioner posting within the district, which was required to be done by the committee indicated in paragraph no. 2 (kha). 5. It has been submitted that impugned order has been passed against provisions of the Government Order dated 15.02.2024 whereby Three Member Committee has been constituted for purposes of consideration of transfer of Fireman and other similarly situated personnel. It is submitted that the aforesaid Committee indicates Director General Fire Services as Chairman of the Committee with the Director of the Fire Services or the Senior Most Gazetted Officer to be one of the members alongwith a nominee of the Director General. It is submitted that the impugned order has not been passed in accordance with the Committee constituted by means of the aforesaid Government Order since the Director or the Senior Most Gazetted Officer was not a party to the deliberation pertaining to transfer in the meeting held on 06.06.2025. It is submitted that decision with regard to transfer was required to be taken unanimously by the Committee. 6. Learned State Counsel has been provided written instructions dated 09.07.2025, a copy of which is taken on record indicating that the Director/ Senior Most Gazetted Officer did not participate in the meeting due to his unavailability. In paragraph no.2 of the written instruction dated 09.07.2025, it has been stated that Mr. Ajay Kumar Gupta was the Senior Most Gazetted Officer available in the Department but had been visited with major penalty vide order dated 13.09.2021 which was subsequently set aside by the U.P. State Public Services Tribunal but since the said order passed by the Tribunal was challenged before this Court in Writ Petition No.7037 of 2022, he was not invited to participate in the meeting. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, particularly instructions dated 09.07.2025, it is thus, evident that committee required to be constituted in terms of paragraph no. 2 (kha) of the Government Order dated 15.02.2024 was in- fact not duly constituted since it did not have participation of the senior most gazetted officer who was admittedly was not called for the meeting due to writ petition pending against him. The opposite parties appear to have lost sight of the fact that major penalty imposed against senior gazetted officer in the department had been set aside by U.P. State Public Service Tribunal and although same has been challenged before this Court but there is no interim order granted. 8. In such circumstances, it was incumbent upon opposite parties to have constituted a committee which was in accordance with Government Order dated 15.02.2024. 9. It is the considered opinion of this Court that when a government order prescribes certain procedure or constitution of a committee, same is equally applicable upon State Government itself, although the same may be in the nature of guidelines and is even otherwise required to be followed and any deviation there against should be for cogent reasons specifically required to be recorded. 10. Such a course of action having been taken by opposite parties renderes impugned transfer order bad in law. 11. In view thereof, impugned order dated 13.06.2025 is quashed by issuing a writ in the nature of certiorari granting liberty to opposite parties to pass orders afresh for constitution of a committee in accordance with Government Order dated 15.02.2024. Consequently, petition succeeds and is allowed at the admission stage it self. 12. Parties to bear their own costs. Order Date :- 10.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench