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Allahabad High Court

KAMLESH SINGHversusSTATE OF U.P. AND 3 ORS.

Decided

Holding

The court held that the transfer cannot be ordered as the NOC was withdrawn and no case exists for transfer.

Summary

Petitioner Kamlesh Singh sought a transfer from the Animal Husbandry and Dairying department at Kulbhashkar Ashram Post Graduate College, Allahabad to Uday Pratap Autonomous College, Varanasi. An earlier order had directed the Director of Higher Education to decide the transfer, but the NOC issued by the receiving college was later withdrawn, eliminating the basis for the transfer. The court noted that Respondent No.5, an honorary lecturer at the receiving college, is protected by a prior writ order to continue in service until a substantive appointment, meaning the post cannot be filled by transfer. The petitioner, now about 60 years old and nearing superannuation, was found to have no viable claim for the transfer. Consequently, the court held that no case exists for the transfer and dismissed the writ petition.

Issues considered

  • Whether the withdrawal of the NOC by Uday Pratap Autonomous College defeats the petitioner’s claim to transfer.
  • Whether the petitioner is entitled to a transfer despite his imminent superannuation.
  • Whether the court can direct the Director of Higher Education to implement the transfer order.

Subjects

  • transfer of service
  • NOC withdrawal
  • superannuation
  • writ petition
  • higher education
  • appointment
  • honorary lecturer

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 14216 of 2017

Kamlesh Singh
                                                            .....Petitioner(s)
                                  Versus

State Of U.P. And 3 Ors.
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Amit Saxena, Amit Saxena (Senior
                                 Adv.), Awadhesh Kumar Singh,
                                 Pramod Kumar Pandey
Counsel for Respondent(s)      : Alok Mishra, Archana Singh, C.S.C.,
                                 Mukesh Kumar Singh, Pramod Kumar
                                 Singh

Court No. - 32
           HON'BLE SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Pramod
Kumar Pandey, learned counsel for the petitioner, Sri Ashok Khare,
learned Senior Counsel assisted by Sri Alok Mishra, learned counsel for
the respondents and Sri Dhananjai Singh, learned Standing Counsel.

2. The petitioner has come up with a case that an order was passed in his
favour for seeking transfer from a department of Animal Husbandry and
Dairying in Kulbhashkar Ashram Post Graduate College, Allahabad to
Uday Pratap Autonomous College, Varanasi. However, due to intervening
circumstances said transfer order was not executed, therefore he has
approached this Court by way of filing a Writ No. 31927 of 2016, which
was disposed of and the Director of Higher Education was directed to take
a decision in accordance with law. In the impugned order the claim of
petitioner was rejected on the ground that subsequently the NOC given by
the Uday Pratap Autonomous College, Varanasi, was withdrawn by an
order dated 03.01.2011 and the said fact is not being disputed therefore
the very basis of transfer is now not in existence.

3. The Court also takes note of the fact that respondent no. 5 is working as
Honorary Lecturer, Department Animal Husbandry and Dairying, Uday
Pratap Autonomous College, Varanasi and his services are protected by
an order dated 16.06.2010 passed in Writ No. 35013 of 2010 that he will
                                                                                          WRIA No. 14216 of 2017
                                                                   2


                                    continue to work till a substantive appointment is made by the
                                    Commission.

                                    4. Learned Senior Counsel for the petitioner is not able to deny that only
                                    interpretation would be that the said respondent can work till regular
                                    appointment is made by the Commission and concerned post can not be
                                    filled up by way of transfer. The Court also takes note that when this writ
                                    petition was filed in the year 2017 the petitioner has declared his age
                                    about 51 years, therefore presently he must be around 60 years and as
                                    such he is at verge of his superannuation.

                                    5. In the aforesaid circumstances, no case is made out for transfer. No
                                    direction can be passed to carry out a transfer order issued in the year
                                    2017, since subsequently the NOC issued by the U.P. College at Varanasi
                                    was withdrawn.

                                    6. Accordingly, writ petition is disposed of.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    February 17, 2026
                                    Vibha Singh




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

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