Allahabad High Court

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

Decided: 6 May 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The contempt application is dismissed as infructuous because the petitioner has complied with the writ order.

Summary

The applicant, Neeraj Kumar Singh, challenged a State Government order transferring him to the post of Tax Superintendent, arguing that as a Class‑II employee he could not be transferred after the stipulated window without the Chief Minister's approval. The writ court initially stayed the transfer and directed clarification on the employee's classification under the Government Transfer Policy dated 06.05.2025. Subsequent hearings revealed a dispute over whether the applicant belonged to Group B (requiring CM approval) or Group C (no such requirement), with conflicting submissions from the parties. The State’s standing counsel eventually filed a counter‑affidavit and the applicant complied with the writ by joining the post on 06.05.2026. Since the original writ order was satisfied, the court held that the contempt application was rendered infructuous and dismissed it.

Issues considered

Whether the transfer of the petitioner complied with the Government Transfer Policy requiring Chief Minister's approval for Group B employees.
Whether the petitioner is classified as Group B or Group C under the service rules.
Whether a contempt application is maintainable when the original writ order has been complied with.

Subjects

civil contempt
transfer policy
service classification
Group B employee
Chief Minister approval
stay order
writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2255 of 2026

Neeraj Kumar Singh
.....Applicant(s)
Versus

Shri P. Guru Prasad Principal Secretary, Nagar
Vikas Vibhag-4 And 2 Others .....Opposite
Party(s)

Counsel for Applicant(s) : Sankalp Narain, Srivats Narain
Counsel for Opposite Party(s) : Vijay Bahadur Maurya

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
CAPL No. 2255 of 2026
2

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
3

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.

(Rohit Ranjan Agarwal,J.)
May 7, 2026
(V. S. SINGH)

Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…