Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 1081 of 2026 Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Birendra Kaushik, learned counsel for the original petitioner- appellant, Sri T.B. Pandey, learned Standing Counsel for the State- respondents and perused the record. 2. Present intra-Court appeal has arisen against the judgment and order dated 11.08.2026 passed by the learned single judge in Umesh Kumar Sharma vs. State of U.P. and 2 others, 2026:AHC:168107. By that order, the learned single judge dismissed the writ petition filed by the original petitioner-appellant. 3. Having heard learned counsel for the parties and having perused the record, grievance of the original petitioner-appellant is, a person junior to him, who may have joined later, is being transferred first, while excluding the original petitioner-appellant from consideration for transfer, in contravention of Clause 3(2) of the Transfer Policy Act, does not commend to us to pass any order that the approach of the learned single judge was erroneous. Besides the reasoning of the learned single judge, it is also admitted that the original petitioner-appellant has not served at the place of posting for more than one year, he having been posted on 07.11.2025 at Etawah. 4. Matter of transfer, besides being exigency of service, is also a matter of administrative control exercised by the higher authorities. Not every error or infraction of a policy may give rise to breach of fundamental rights or arbitrariness, as may provoke the writ Court to exercise its extraordinary Versus Counsel for Appellant(s) : Birendra Kaushik Counsel for Respondent(s) : C.S.C. Umesh Kumar Sharma .....Appellant(s) State Of U.P. And 2 Others .....Respondent(s)
jurisdiction and interfere in transfer matters. Second, though a policy may provide for uniform application of a norm, it does not create any statutory rights to be enforced in Courts. To the extent, no grave prejudice is seen to have been caused to the original petitioner-appellant in being retained at Etawah beyond nine months from the date of his posting, and to the extent no grave hardship exists to the original petitioner-appellant for which reason he may necessarily be transferred to Aligarh. He may never claim a mandamus to be transferred. 5. Therefore, we find no reason to interfere in the present intra-Court appeal. Accordingly, it lacks merit and is dismissed. No order as to costs.
September 18, 2026 Anurag/- SPLA No. 1081 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad