Allahabad High Court
VARSHA GARGversusTHE CHIEF SECRETARY, GOVERNMENT OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court declined to interfere with the transfer order and directed the respondent authority to decide the petitioner’s pending representation within eight weeks.
Summary
Petitioner Varsha Garg filed a writ petition challenging a transfer order dated 31.05.2026 that moved her from District Hapur to Kannauj after ten months of service. She sought a certiorari to quash the transfer and also raised a pending representation/application before the authority. The State's standing counsel argued that the petition should not be kept pending and that the authority should decide the representation within a fixed time. The High Court, without expressing any view on the merits of the transfer, disposed of the petition by directing the respondent authority to decide the pending representation expeditiously, preferably within eight weeks of the certified copy of the order, after giving a hearing. The order thus ends the writ petition while ensuring administrative action on the representation.
Issues considered
- Whether the transfer order dated 31.05.2026 can be quashed by a writ of certiorari.
- Whether the court should entertain the merits of the transfer or direct the administrative authority to decide the petitioner’s pending representation/application.
Subjects
- transfer
- service
- writ of certiorari
- administrative law
- pending representation
- expeditious decision
- Uttar Pradesh
- civil service
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16043 of 2026
Varsha Garg
.....Petitioner(s)
Versus
The Chief Secretary, Government Of U.P. And 2
Others .....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Mishra, Avneesh Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Shri Avneesh Tripathi, learned counsel for the petitioner, Shri
Gaurav Singh, learned Standing Counsel for the State and perused the
record.
2. The instant writ petition has been filed for the following relief:
"i) to issue a writ, order or direction in nature of certiorari quashing the
impugned order dated 31.05.2026 (Annexure-1) passed by respondent
No.2.
ii) to issue any other suitable writ, order or direction which the Hon'ble
Court may deem fit and proper in the facts and circumstances of the
instant case."
3. Learned counsel for the petitioner submitted that by the order impugned
the petitioner has been transferred to Kannauj just after ten months of service
from district Hapur and the petitioner is seeking quashing of the aforesaid
transfer order. 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 authority 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
WRIA No. 16043 of 2026
2
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent authority to consider and decide the
aforementioned representation/application of the petitioner, in accordance
with law, expeditiously, preferably within a period of eight 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.)
October 1, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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