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Neutral Citation No. - 2025:AHC:134462 Court No. - 5 Case :- WRIT - A No. - 11326 of 2025 Petitioner :- Kamlesh Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tanya Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Ms. Tanya Mishra, learned counsel for petitioner and Sri K.B. Srivastava, learned counsel for Respondent-2.
2. Petitioner has challenged transfer order dated 15.07.2025 whereby he has been transferred from B-PACS Semri, Jhansi to B- PACS Raksa, Jhansi, i.e., within same district, though the distance is about 40 Kms.
3. Learned counsel for petitioner refers Regulation 36(b) of U.P. Primary Agricultural Co-operative Credit Societies Centralized Service Regulations, 1978 that transfer of a member of the service shall ordinarily not be made before five years of his service in one society.
4. Learned counsel for petitioner also submits that petitioner has been transferred to a non-functional society, which may be a ground for non payment of salary or less salary or delayed payment of salary at transferred place.
5. Learned counsel appearing for Respondent-2 on basis of instructions has denied the submission so far as non-functional society is concerned.
6. I have considered the above submissions. Petitioner is transferred from one society to another within same district. There is no absolute bar to transfer. Above referred Regulation 36(b)
provides that in ordinary course service of a member may not be transferred before five years of his service in one society. The wordings itself indicate that there is no absolute bar.
7. Otherwise also, it is not the case of petitioner that in no circumstance he be transferred to one place to another. So far as salary is concerned, it is the duty of concerned society to pay and at this stage any submission in this regard, being premature, cannot be considered.
8. The writ petition is accordingly dismissed. Order Date :- 8.8.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad