Allahabad High Court
VIRENDRA SINGHversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The transfer order of 31‑05‑2026 and the relieving order of 03‑09‑2026 are quashed.
Summary
The petitioner, Virendra Singh, filed a writ petition challenging a transfer order dated 31‑05‑2026 and a relieving order dated 03‑09‑2026 issued by the State respondents. The petitioner relied on the Court’s earlier decision in Shashi Prakash Tripathi v. State of U.P. (Writ A No. 4494 of 2026) which held that a transferred employee must be relieved within seven days and that non‑compliance renders the orders void. The respondents’ standing counsel could not dispute this legal position, acknowledging that the petitioner had already joined the new posting after relief. Applying the precedent, the Court quashed both the transfer and relieving orders. The judgment further clarified that the respondents may issue a fresh transfer order, provided it complies with the law.
Issues considered
- Whether the transfer order dated 31‑05‑2026 is valid in view of the requirement that a transferred employee be relieved within seven days.
- Whether the relieving order dated 03‑09‑2026 is valid.
- Whether the Court can quash both the transfer and relieving orders under the earlier precedent.
Subjects
- transfer order
- relieving order
- quash
- writ petition
- administrative law
- service law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14521 of 2026
Virendra Singh
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shishir Singh Yadav, Vipul Pandey
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-respondents and perused the record.
2. Instructions submitted by learned Standing Counsel are taken on
record.
3. This writ petition has been filed challenging the transfer order dated
31.05.2026 passed by respondent No. 3 as well as reliving order dated
03.09.2026 passed by respondent No. 5.
4. Learned counsel for the petitioner relied upon the judgment of this
Court in Writ A No.4494 of 2026 (Shashi Prakash Tripathi vs. State of
U.P. and two others), decided on 1.4.2026 and submitted that once an
order of transfer is passed, the transferred employee is to be relieved
within a period of seven days. It has been further submitted that in case of
Shashi Prakash Tripathi (supra), this Court relying upon the judgment
passed in Special Appeal No.481 of 2024 decided on 14.5.2024, has
quashed the order of transfer as well as the relieving order.
5. Learned Standing Counsel though opposed the writ petition but could
not deny the legal position and has submitted that after the relieving,
petitioner has joined the place of posting.
6. The case is squarely covered by judgment of this Court in Shashi
Prakash Tripathi (supra) and in view thereof, the impugned transfer order
dated 31.05.2026 passed by respondent No. 3 as well as reliving order
WRIA No. 14521 of 2026
2
dated 03.09.2026 passed by respondent No. 5, are hereby quashed and the
writ petition is allowed accordingly.
7. However, this order will not be an impediment for the respondents to
pass fresh order of transfer, if they so desire, in accordance with law.
(Manish Kumar Nigam,J.)
September 29, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…