Allahabad High Court
VED PRAKASH SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered the respondent to decide the petitioner’s transfer representation within twelve weeks, disposing of the writ petition without adjudicating its merits.
Summary
The petitioner, Ved Prakash Sharma, filed a writ petition seeking a mandamus directing the second respondent to transfer him from Bijnor to any of the districts of Ghaziabad, Hapur, Meerut or Gautam Buddha Nagar. He had submitted a representation for transfer which was pending consideration. The State's Standing Counsel argued that the petition served no useful purpose and that the respondent should simply be directed to decide the representation within a fixed time. The Court, without expressing any view on the merits of the transfer request, disposed of the petition and ordered the respondent to decide the representation expeditiously, preferably within twelve weeks of the certified copy of the order, subject to no legal impediment. The order thus provides a procedural direction rather than a substantive ruling on the transfer request.
Issues considered
- What is the appropriate judicial remedy for a pending administrative representation seeking transfer?
- Can the High Court issue a mandamus directing the administrative authority to decide the representation within a specified time?
Subjects
- writ of mandamus
- transfer of service
- administrative representation
- expeditious decision
- High Court of Allahabad
- public service law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13943 of 2026
Ved Prakash Sharma
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"A writ, order or direction in the nature of mandamus commanding the
respondent no. 2 to transfer the petitioner from Bijnor to Ghaziabad,
Hapur, Meerut or at Gautam Buddha Nagar within stipulated time frame
as found suitable by this Hon'ble High Court."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
transfer from districtt Bijnor to district Ghaziabad, Hapur, Meerut or at
Gautam Buddha Nagar. In this regard, the petitioner has moved a
representation which is pending consideration.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no. 2 to decide the representation of the petitioner within a
time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 2 to consider and decide the
aforementioned representation of the petitioner, in accordance with law,
expeditiously, preferably within a period of twelve weeks from the date of
production of a certified copy of this order after giving opportunity of
WRIA No. 13943 of 2026
2
hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 8, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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