AJAI KUMAR SHUKLA v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
WRIA/13619/2025 · 2025-11-25
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174176 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174176 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13619 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging Transfer Order dated 29.06.2024 as well as Relieving Order dated 13.11.2025.
3. It has been submitted that evidently, the Relieving Order has been passed after almost 1½ years of passing of impugned Transfer Order. It is submitted that the said fact clearly indicates that there was no administrative exigency for issuing Transfer Order pertaining to petitioner and even otherwise, as per Service Rules, relieving is required to be effected within a period of one week whereas the opposite parties have taken almost 1½ years to relieve petitioner.
Learned counsel for petitioner submits that there is no cogent or justifiable reason to have effected relieving so belatedly.
4. Learned State Counsel has refuted submissions advanced by
learned counsel for petitioner with the submission that petitioner was transferred in view of the fact that he has already spent 25 years in district Hardoi due to which he was required to be transferred elsewhere.
5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident that Relieving Order has been issued after almost 1½ years from issuance of Transfer Order. The said aspect has already been Versus Counsel for Petitioner(s) : Rajat Rajan Singh Counsel for Respondent(s) : C.S.C. Ajai Kumar Shukla .....Petitioner(s) The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
adjudicated upon by this Court in the case of Mohd. Majeeb and another v. State of U.P. and others, Writ Petition No. 10584 (S/S) of 2017 as well as in the case of Ganga Prasad Pandey v. State of U.P. and others, Writ Petition No. 7134 (S/S) of 2020 in the following manner:-
"6. Upon consideration of arguments raised by learned counsel for parties and perusal of material on record, it is evident that posting order of petitioner is dated 20.07.2017 and is now being sought to be implemented by means of impugned order dated 28/29.02.2020 directing authority concerned to relieve petitioner for joining pursuant to transfer order. From a perusal of the order impugned, it is not evident as to why transfer order passed three years ago could not be implemented immediately. Even as per the Government Orders issued from time to time with regard to transfer and posting of employees, a fixed tenure has been indicated for posting of an employee in a particular place. The order impugned does not indicate any cogent or justifiable reason for acting upon the order of posting almost after three years, particularly when there is no allegation or charge against petitioner that he deliberately avoided joining in pursuance of transfer order.
7. A perusal of order dated 12.05.2017 passed in the case of Mohd. Majeed (supra) makes it apparent that the same is squarely applicable in the present case.
8. In view of aforesaid facts the petition is disposed of at the admission stage itself by issuance of a writ in the nature of Certiorari quashing order dated 28/29.02.2020. It shall, however, be open to opposite parties to transfer or post petitioner in the exigency of service, without giving effect to
order dated 20.07.2017."
6. In the considered opinion of this Court, the aforesaid judgment is squarely applicable in the facts and circumstances of the present case as well.
7. In view of aforesaid discussion, the impugned orders dated WRIA No. 13619 of 2025 2
29.06.2024 and 13.11.2025 are hereby quashed by issuance of a Writ in the nature of Certiorari granting liberty to the opposite parties to effect transfer of the petitioner only in the exigencies of service without giving effect to the impugned order dated 29.06.2024.
8. Resultantly, petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. November 25, 2025 lakshman WRIA No. 13619 of 2025 3 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench