Allahabad High Court
SANJEEV KUMAR ARYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The writ petition is disposed at the admission stage, directing the petitioner to file fresh representation and staying the impugned transfer order until the Directorate of Training decides.
Summary
The petitioner, Sanjeev Kumar Arya, sought compassionate consideration under Clause 5(4) of the Uttar Pradesh Transfer Policy dated 05.05.2026, claiming his son’s 50% intellectual and mental disability warranted relief. He relied on a recent decision of this Court (Shailendra Vikram v. State of U.P., Writ‑A No.9244 of 2026) which held that a government employee has a legitimate expectation that benefits under a government order are enforceable. The State counsel argued that the petition should be considered under the same policy. The Court, finding no merit in continuing the writ, ordered the petitioner to file a fresh representation with a certified copy of this order within seven days, after which the respondent would decide the matter expeditiously. The Court also stayed the impugned transfer order dated 29.05.2026 pending the Directorate of Training’s decision, and disposed of the writ petition.
Issues considered
- Whether the petitioner is entitled to compassionate consideration under Clause 5(4) of the Transfer Policy for his disabled son.
- Whether the Transfer Policy creates a legitimate expectation enforceable against the State.
- Whether the impugned transfer order dated 29.05.2026 should be stayed pending fresh representation.
Subjects
- Transfer Policy
- Compassionate consideration
- Disability
- Legitimate expectation
- Stay order
- Writ petition
- Administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14691 of 2026
Sanjeev Kumar Arya
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar, Veerendra Kumar
Goutam
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri Sunil Kumar, Advocate along with Shri Veerendra Kumar
Gautam, Advocate appearing on behalf of the petitioner and learned
Standing Counsel for the State-respondents.
2. The contention of the learned counsel for the petitioner is that his son is
having 50% disability in the form of intellectual disability and mental
disability; and by placing reliance on Clause 5(4) of the Transfer Policy
date 05.05.2026, it has been argued that since the petitioner has not been
given the reliving order as on date, his application be accorded
compassionate consideration, in light of the said clause. He has also
placed reliance upon a decision of this Court dated 23.06.2026 in the case
of Shailendra Vikram vs. State of U.P. and others (Writ-A No.9244 of
2026), wherein under similar circumstances this Court by placing reliance
upon a Division Bench decision of this Court and a decision of the Apex
Court that, an employee has a legitimate expectation that the advantages
which flows from the Government Order, would be made available to the
employee; and accordingly the effect of the transfer policy was
considered to be binding on the State Government.
3. Learned Standing Counsel submits that due consideration shall be
given to the application of the petitioner, under the transfer policy dated
05.05.2026.
4. In view of the aforesaid, no fruitful purpose would be served in keeping
the present writ petition pending and on the consent of the parties the writ
WRIA No. 14691 of 2026
2
petition is being decided at the admissions stage itself by providing that in
case the petitioner moves a fresh representation for redressal of his
grievance along with the certified copy of this order within 7 days from
today, the same shall be considered and decided by the respondent no. 2
by passing a reasoned and speaking order, expeditiously, preferably
within the further period of two months from the date of receiving of the
said representation before him.
5. However, it is provided that till the decision of the Directorate of
Training, Uttar Pradesh, Lucknow, the impugned transfer order dated
29.05.2026, shall not be given effect.
6. With the aforesaid observation/direction, the writ petition stands
disposed off.
(Siddharth Nandan,J.)
September 29, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
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