Neutral Citation No. - 2025:AHC:118037 Court No. - 4 Case :- WRIT - A No. - 9957 of 2025 Petitioner :- Prem Lata And 18 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajvendra Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri V.K.Singh, learned Senior Advocate assisted by Shri Rajvedra Singh, learned counsel for petitioner and Shri Rahul Agarwal, learned Additional Advocate General assisted by Shri Rahul Malviya, learned Standing Counsel for State respondents. 2. Petitioners who are nineteen in number are aggrieved by the cancellation orders dated 24.06.2025 and 27.06.2025 whereby the earlier order of transfer on 11.06.2025 in their respect has come to be cancelled. 3. The submission advanced by learned Senior Advocate appearing for petitioners is that as far as petitioners No. 1 to 10 are concerned, they were transferred on mutual requests and, therefore, there was no point in cancelling their transfer, inasmuch as these petitioners had already submitted their joining prior to the cancellation order being passed. In respect of others it is submitted that the order of cancellation only records that the consultation was not held with the Minister concerned but it is absolutely silent as to how the transferrees constitute more than 10 percent as contemplated under the transfer policy so as to have consultation with the Minister concerned and his prior approval. 4. Learned Additional Advocate General Shri Rahul Agarwal submits that the transfer policy very clearly provides vide its clause 3 (i), (ii) and (iii) to the effect that 10 percent of the Group C and Group D employees can be transferred with the approval of the head of the department concerned where they are posted and in the event of more than ten percent but maximum 20 percent transfer being proposed there has to be prior approval of Minister concerned. He placed emphasis upon clause 3 (ii) which further provides that in the event of transfer of Group C and D employees, in order to properly enforce the transfer policy, there should always be consultation with the Minister concerned. It is further submitted that no prejudice is going to be caused to the petitioners if they are repatriated as the authority is looking into the matter and will be passing order afresh, may be in a time bound period as this Court may prescribe. He is also not averse to the petitioners making representation in their behalf requesting for transfer and which may be directed to be looked into at the same time.He further submits that many transferees under the order dated 11.06.2025 who have been repatriated for under the order cancelling the transfer, have already submitted their joining at the original place of posting. 5. Having considered the arguments advanced by learned counsel for respective parties and having perused the transfer policy, prima facie it appears that in the matter of trnasfer where there more than 10 percent of the employees of the station have to be transferred, a prior approval of the Minister concerned is necessary but at the same time in order to give effective enforcement to transfer policy, it is contemplated as an exception necessary to have consultation with the Minister concerned in the matter of transfer of Group C and Group D employee. 6. In view of the above, since the recitals contained in the order show that the trnasfers were made without having consultation with the Minister concerned and since no proper statistics has been placed before the Court as to whether the employees who have been transferred do constitute more than 10 percent of the total employees in the cadre placed at the station where they are posted so as not to attract the provisions as contained under the Clause 3(ii), without interfering with the impugned order, I consider it more appropriate for the petitioners to make their respective representations before the competent authority within a period of two weeks from today and in the event they make a representation, the authority shall be passing order afresh considering their request for transfer at their desired place more especially in cases of request made for mutual transfer but at the same time complying with the provisions as contained in Clause 3 of the transfer policy dated 06.05.2025. Appropriate orders shall be passed by the competent authority within a further period of one month. I may further add, in cases of mutual transfer, it being not a regular annual transfer, the authority may take such transfers as exception to the ceiling of 10 percent. Order Date :- 21.7.2025 Nadeem Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad