Allahabad High Court

RAM PRAKASH BHARTIversusSTATE OF U.P. AND 2 OTHERS

Decided: 22 September 2026
Bench: MANISH KUMAR NIGAM

Holding

The relieving order dated 29‑05‑2026 is set aside, and the authority is free to pass a fresh transfer order.

Summary

The petitioner, a Veterinary Officer, challenged a transfer order dated 28‑06‑2024 and a subsequent relieving order dated 29‑05‑2026 issued by the Director of Animal Husbandry, arguing that the delay of nearly two years made the relief inappropriate. The petitioner sought quashing of the relieving order, mandamus to prevent his transfer, and reinstatement with salary arrears. The respondents contended that relief can only occur after the transferee joins the incumbent, citing the Transfer Policy 2026‑27. The Court held that a transfer is an exigency of service and that relieving a officer after such a prolonged period is improper, referencing earlier judgments of the same Court. Accordingly, the Court set aside the relieving order and directed the authority to issue a fresh transfer order, if desired, allowing the petitioner to join the new posting. The petition was disposed of.

Issues considered

Whether a relieving order issued nearly two years after a transfer order is valid under service rules.
Whether the authority can compel the petitioner to join the new posting after such delay.
Whether a fresh transfer order may be issued in lieu of the impugned relieving order.

Subjects

transfer
exigency of service
administrative law
certiorari
mandamus
public service posting
relieving order

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14814 of 2026

Ram Prakash Bharti
.....Petitioner(s)
Versus

State Of U.P. And 2 Others
.....Respondent(s)

Counsel for Petitioner(s) : Seemant Singh
Counsel for Respondent(s) : C.S.C.

Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.

1. Heard Shri Seemant Singh, learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.

3. The instant petition has been filed with the following main relief:-

"I. Issue a writ, order or direction in the nature of certiorari quashing the
impugned office order dated 28.06.2024 passed by the Director,
Administration and Development/Head of Department, Animal
Husbandry Department, U.P., Lucknow whereby petitioner has been
transferred from the post of Veterinary Officer, Government Veterinary
Hospital, Shikarganj, Chandauli to the post of Veterinary Officer,
Government Veterinary Hospital Belghat, Gorakhpur and also the
impugned relieving order dated 29.05.2026 passed by Director,
Administration and Development/Head of Department, Animal
Husbandry Department, U.P., Lucknow only to an extent of petitioner at
serial No. 9 whereby petitioner has been directed to be relieved from the
post of Veterinary Officer, Government Veterinary Hospital, Shikarganj,
Chandauli to the post of Veterinary Officer, Government Veterinary
Hospital Belghat, Gorakhpur by stopping the payment of salary to the
petitioner and ensure the payment of salary to the petitioner from the new
place of posting.

II. Issue a writ, order or direction in the nature of mandamus directing
the respondents not to compel the petitioner to be relieved from his
present place of posting i.e., Veterinary Officer, Government Veterinary
WRIA No. 14814 of 2026
2

Hospital, Shikarganj, Chandauli to Veterinary Officer, Government
Veterinary Hospital Belghat, Gorakhpur.

III. Issue a writ, order or direction in the nature of mandamus directing
the respondents to keep the petitioner posted at his present place of
posting i.e., Veterinary Officer, Government Veterinary Hospital,
Shikarganj, Chandauli with the regular payment of salary along with the
payment of the arrears of salary from the month of June, July and
August."

4. It has been submitted by learned counsel for the petitioner that the
petitioner is the veterinary doctor and presently posted as Veterinary Officer
at Animal Hospitals situated in District Chandauli. He after was transferred
on 28.06.2024 but not relieved, thereafter suddenly almost two years the
petitioner relieved by means of the order dated 29.05.2026.

5. Learned counsel for the petitioner further submitted that the transfer is
exigency of service and normally transfer is made year to year basis and
therefore after about two years there is no occasion to relieve the petitioner.
In support of his contention learned counsel for the petitioners has relied
upon a judgment of the Coordinate Bench of this Court passed in Writ
Petition No. 15148 of 2016 (S/S) as well as in Writ A No. 7263 of 2025,
wherein this Court observed the person cannot be allowed to relieve after a
quite long time, however, it is always open for the concerned Authority to
pass fresh transfer order.

6. Per contra learned Standing Counsel has submitted that if any transfer is
made from this District, the transferee can be relieved only after joining the
incumbent of the transferee. This fact has also been mentioned in the
Transfer Policy 2026-27.

7. Considering the aforesaid submissions and perusal of the record, the Court
is of the view that the transfer is exigency of service, if the petitioner is not
relieved for almost two years, then it will not be appropriate to relieve them
after two years from the date of transfer.

8. Therefore, it would be appropriate that fresh transfer order be passed
considering the option of the petitioner. Therefore taking into account the
WRIA No. 14814 of 2026
3

order passed by the Coordinate Bench in Writ Petition No. 15148 of 2016
(S/S) and Writ A No. 7263 of 2025 the impugned relieving order dated
29.05.2026 is hereby set aside and the concerned Authority is at liberty to
pass fresh transfer order and in case fresh transfer order is passed the
petitioner will join at the new place of posting.

9. With the aforesaid observations, the present writ petition is disposed of.

(Manish Kumar Nigam,J.)
September 23, 2026
Ved Prakash

Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad

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