Neutral Citation No. - 2025:AHC:116617 Court No. - 5 Case :- WRIT - A No. - 9881 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amardeo Singh,Umesh Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Amardeo Singh, learned counsel for the petitioner and Sri B.M.Shukla, learned Standing Counsel. 2. Petitioner was transferred on his personal request from Sonbhadra to Mau vide order dated 7.4.2014 and he joined at his transferred post also. 3. Surprisingly, though petitioner was posted at Mau, his salary was released from Ballia, without any possible explanation and now the petitioner is being transferred from Mau to Ballia vide order dated 24.5.2025, however, till date he has not joined at his transferred place. 4. Learned counsel for the petitioner by referring a document dated 14.7.2023 submits that earlier a post of Agriculture Supervisor at Ballia was not available and even today, it is not available, therefore, he may not be forced to join at his transferred place at Ballia. He also referred a letter dated 2.6.2025 that post of Agriculture Supervisor is available at District Ghazipur and prays that he may be transferred at Ghazipur. 5. Learned counsel for the respondents submits that firstly petitioner complies the transfer order dated 24.5.2025 and reports at the office of Assistant Commissioner and Assistant Registrar, Cooperative, Ballia, U.P. and in case of any problem, he will inform the concerned higher officer. 6. I have considered the aforesaid submissions and perused the records. 7. It is very surprising that despite the petitioner is working at Mau for last many years, his salary is being released from Ballia and now the petitioner is transferred to Ballia. He has come up with a submission that there no post of Agriculture Supervisor (is available) at Ballia, however, there is no recent communication on record. 8. It is not on record as to whether communication dated 26.7.2023 was taken note of, before the impugned transfer order was passed. Concerned Officer at Ballia is not a party before this Court. 9. Otherwise also, Court is of opinion that it is the duty of the concerned officer at Ballia to permit the petitioner to join, therefore, this writ petition is disposed of with a direction to the petitioner to join at the transferred place at Ballia and his salary, if stopped, be released accordingly. 10. So far as problem as to whether there is a post available at Ballia of Agriculture Supervisor or not, it will be decided by the concerned respondent, therefore, it is directed that respondent no.3 will look into the matter. 11. Petitioner is directed to submit his joining report by Monday i.e. 21.7.2025 during working hours at Ballia and the respondent no.3 will take a decision so far as available vacant post at Ballia is concerned and in case there is no post available at Ballia, petitioner's request to transfer him to Ghazipur may also be considered. Order Date :- 18.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad