Allahabad High Court
SATYENDRA KUMAR SHUKLAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to consider and decide the petitioner's transfer representation within twelve weeks, without expressing any opinion on the merits.
Summary
The petitioner, Satyendra Kumar Shukla, filed a writ petition seeking a mandamus directing the competent authority to consider and decide his transfer request from Kanpur Dehat to Fatehpur, invoking the Transfer Policy 2026-27 and his long service and family circumstances. He requested that the authority not reject his representation mechanically and that a reasoned order be passed within a fixed period. The State counsel argued that the petition should be disposed by directing the authority to decide the pending application within a time frame. The Court, without expressing any view on the merits, ordered the respondent to decide the representation expeditiously, preferably within twelve weeks of the certified copy of the order, after hearing the parties. The order thus provides a procedural direction to the administrative authority while leaving the substantive merits untouched.
Issues considered
- Whether a writ of mandamus can be issued to compel the competent authority to decide a pending transfer representation of a government employee.
- Whether the court can prescribe a specific time-frame for the administrative authority to pass a reasoned order on the transfer request.
- Whether the administrative discretion in posting can be subject to judicial intervention when specific service rules and personal circumstances are raised.
Subjects
- Transfer Policy 2026-27
- Service Rules
- Writ of Mandamus
- Administrative Discretion
- Public Service Posting
- Judicial Intervention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14361 of 2026
Satyendra Kumar Shukla
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devid Kumar Singh, Prateek Rai
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Shri Aditya Kumar Rai, Advocate holding brief of Shri Devid
Kumar Singh, 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. Issue a writ, order or direction in the nature of Mandamus
commanding the respondent no. 2/competent authority to consider and
decide the petitioner's representation dated 11.05.2026, along with his
online transfer request dated 13.05.2026, seeking transfer from District
Kanpur Dehat to District Fatehpur, in accordance with the applicable
Transfer Policy 2026-27, applicable service rules, availability of post and
administrative exigency, by passing a reasoned and speaking order within
a stipulated period as may be fixed by this Hon'ble Court,
B. Issue a further writ, order or direction commanding the competent
authority to take into consideration, while deciding the petitioner's
representation, the petitioner's continuous service at District Kanpur
Dehat since the year 2010, his long tenure at the present place of posting,
his genuine family circumstances and the difficulties specifically
disclosed in his representation;
C. Issue an appropriate writ, order or direction directing the respondents
to consider the petitioner's request for posting at any suitable available
post in District Fatehpur, including the offices. indicated by the petitioner
in his online transfer request, namely CMO Fatehpur, District Hospital
WRIA No. 14361 of 2026
2
Fatehpur or District Women Hospital Fatehpur, subject to availability of
post and administrative exigency, and to pass an appropriate order in
accordance with law;
D. Issue a writ, order or direction restraining the respondents from
rejecting the petitioner's representation mechanically or solely on the
ground that transfer is an administrative matter, without considering the
specific circumstances and the applicable Transfer Policy 2026-27."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
transfer from District Kanpur Dehat to District Fatehpur. In this regard, the
petitioner has moved a representation/application 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/application 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/application 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 hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 17, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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