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2026 DAILYLAW 1701 (ALL)

NEERAJ KUMAR SINGH v. SHRI P. GURU PRASAD PRINCIPAL SECRETARY, NAGAR VIKAS VIBHAG-4 AND 2 OTHERS

CAPL/2255/2026 · 2026-05-06

Rohit Ranjan Agarwal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 2255 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. The writ Court on 05.02.026 in Writ-A No. 18862 of 2025 passed the following order:- "1. This Court on 17.12.2025 passed following order:- "1. Heard Sri V. K. Singh, learned Senior Counsel assisted by Ms. Bhavini Chaurasia, learned counsel for the petitioner. Sri Vijay Shankar Prasad, learned Additional Chief Standing Counsel has accepted notice on behalf of respondent nos.1 & 2 and Sri V. B. Maurya, learned counsel for the respondent no.3. 2. The order dated 28.11.2025 passed by the State Government by which petitioner was directed to join the post of Tax Superintendent in Nagar Palika Parishad, Sultanpur is under challenge in the present writ petition. 3. It is argued by counsel for the petitioner that petitioner is Class-II employee and as per transfer policy issued by the State Government dated 06.05.2025, copy of which is appended as annexure-8 to the writ petition, a Class-II employee cannot be transfer beyond the transfer window namely after 15th May, 2025 to 15th June, 2025. It is further argued that in case respondent authorities incumbent to transfer any Class-II employees after the aforesaid cut of date a prior permission from the Chief Minister of the State through the concerned department Minister is required to be taken. It is argued that in so far as present case is concerned, the aforesaid aspects are missing. The children of the petitioner are still studying in District Prayagraj and the post of Tax Versus Counsel for Applicant(s) : Sankalp Narain, Srivats Narain Counsel for Opposite Party(s) : Vijay Bahadur Maurya Neeraj Kumar Singh .....Applicant(s) Shri P. Guru Prasad Principal Secretary, Nagar Vikas Vibhag-4 And 2 Others .....Opposite Party(s) Superintendent is still vacant in District Prayagraj hence a prayer has been made to stay the effect and operation of the order at least till the end of the academic session. 4. Sri Vijay Shankar Prasad, learned Additional Chief Standing Counsel is directed to seek instructions in the matter. 5. Put up as fresh day-after-tomorrow, i.e., 19.12.2025." 2. Thereafter on 21.1.2026, following order was passed:- "1. A perusal of the order dated 19.12.2025 shows that the instructions dated 18.12.2025 have been taken on record which shows that transfer of the petitioner was made after seeking appropriate orders from the concerned department Minister. However, the instructions are silent with regard to Clause (V) of the Government Transfer Policy dated 06.05.2025 which only permits transfer of an employee outside the period after approval from Hon'ble the Chief Minister. 2. Let appropriate instructions be obtained by learned Standing Counsel for the State respondents with regard to Clause (V) of the Government Transfer Policy dated 06.05.2025. 3. Put up this matter as fresh on 3rd February, 2026." 3. Today, learned Standing Counsel, on instructions, submits that petitioner belong to Group 'C' and as such, there is no requirement of seeking approval of Hon'ble Chief Minister and the approval has been given by Minster concerned. 4. Learned counsel for petitioner has relied upon paragraph 19 of the writ petition and stated that petitioner belongs to Group 'B' and as such, as per transfer policy approval of Hon'ble Chief Minister during relevant period is mandatory. 5. On a query being made to learned Standing Counsel as to how petitioner is belong to Group 'C' when the pay slip relied upon by petitioner for the month of May, 2025, Pay Matrix Level has been shown, as Level 9 and learned counsel for petitioner has relied upon the Government Order dated 12.7.2017 at page 23 of the paper book where Level 9 belong to Group 'B', learned Standing Counsel, on instructions, submits that there is no classification in respect of employees of Nagar Nigam under service rules into Group 'A', 'B', 'C', 'D'. 6. On a further query being made to learned Standing Counsel as to how then statement has been made that petitioner belong to Group 'C' post CAPL No. 2255 of 2026 2 when there is no classification, at this stage, learned Standing Counsel seeks time to file counter affidavit. 7. Let a counter affidavit be filed by learned Standing Counsel within three weeks. 8. List on 20.4.2026. 9. Until further order, the effect and operation of the impugned order dated 28.11.2025 passed by the State Government, shall remain stayed." 2. Today, learned Chief Standing Counsel has placed before the Court the instructions so received by him. According to him, the order of writ Court has been complied with and applicant has joined on 06.05.2026. 3. As the order of writ Court has been complied and the applicant has joined at the place from where he was transferred and the writ petition is still pending, the contempt application is rendered infructuous and stands dismissed. May 7, 2026 (V. S. SINGH) CAPL No. 2255 of 2026 3 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad