Created by Fuzzy Cloud

Allahabad High Court

KM NIMISHA SAXENAversusState of U.P. AND 5 OTHERS

Decided

Holding

The petition is dismissed as withdrawn, allowing the petitioner to seek transfer under the new policy.

Summary

Petitioner Km Nimisha Saxena filed a writ petition (Writ‑A No. 15994 of 2024) challenging an order of transfer dated 23 August 2024 issued by the State of Uttar Pradesh. The petitioner contended that a new transfer policy had been introduced by the State Government and that she would apply for her transfer under this new policy, seeking to have the present petition dismissed as withdrawn. The learned counsel for the respondent opposed the withdrawal. The Hon’ble Justice Prakash Padia dismissed the petition as withdrawn, granting the petitioner liberty to apply for her transfer in accordance with the new policy. No substantive merits of the transfer order were examined.

Issues considered

  • Whether the order of transfer dated 23 August 2024 can be challenged by a writ petition.
  • Whether the petition can be dismissed as withdrawn in view of the introduction of a new transfer policy.

Subjects

  • transfer
  • service law
  • writ petition
  • withdrawal
  • new policy
  • High Court

Judgment

                                            HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - A No. - 15994 of 2024

                                  Km Nimisha Saxena
                                                                                              .....Petitioner(s)
                                                                     Versus

                                  State Of U.P. And 5 Others
                                                                                            .....Respondent(s)

                                  Counsel for Petitioner(s)       : Deepak Kumar Kulshrestha, Yogendra
                                                                    Kumar Srivastava
                                  Counsel for Respondent(s)       : C.S.C.

                                  Court No. - 6
                                                      HON'BLE PRAKASH PADIA, J.

                                  1. The present petition has been filed challenging the order of transfer
                                  dated 23.08.2024.

                                  2. It is argued by learned counsel for the petitioner that since new transfer
                                  policy has been introduced by the State Government and the petitioner
                                  will apply for her transfer as per new policy and prays to dismiss
                                  thepresent petition as withdrawn.

                                  3. Accordingly,the present petition is dismissed as withdrawn with liberty
                                  to apply for her transfer as per new policy.



                                                                                           (Prakash Padia,J.)
                                  May 6, 2026
                                  saqlain




Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.