Allahabad High Court

NARENDRA KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided: 30 September 2026
Bench: SIDDHARTH NANDAN

Holding

The Court held that the transfer order cannot be quashed and the petitioner must comply with it before seeking any further relief.

Summary

The petitioner, Narendra Kumar, filed a writ petition challenging a transfer order dated 14 September 2026 that moved him from the District Institute of Education and Training in Kanpur Nagar to the District Inspector of Schools in Farrukhabad. He argued that the transfer would impede his ability to care for his elderly parents and exacerbate a neurological condition for which he is receiving treatment. The Court examined whether personal and medical hardships justify quashing a service transfer order. It held that the petitioner must first comply with the transfer and that any request for indulgence can be considered only after he joins the new posting. Accordingly, the Court directed the petitioner to report to the new post within two weeks and allowed him to file a representation thereafter, to be decided within a month. The writ petition was therefore disposed without granting relief.

Issues considered

Whether a service transfer order can be set aside on the ground of the petitioner's personal hardship and medical condition

Subjects

service transfer
writ petition
administrative law
personal hardship
medical condition
representation
compliance

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - A No. - 16056 of 2026

Narendra Kumar
                                                            .....Petitioner(s)
                                  Versus

State Of U.P. And 3 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)             :    Bhaskar Singh, Shyam Lal
Counsel for Respondent(s)             :    C.S.C.

Court No. - 6
                 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Sri Bhaskar Singh, Advocate appearing on behalf of petitioner
and learned Standing Counsel for the State-respondents.

2. The present writ petition has been filed seeking quashing of the order
dated 14.09.2026, by way of which the petitioner has been transferred
from the office of the District Institute of Education and Training
(D.I.E.T.), Narval, Kanpur Nagar, to the office of the District Inspector of
Schools, Farrukhabad.

3. The only contention of the counsel for the petitioner is that he has to
cater to the needs of his old parents and is also suffering from a
neurological problem, and he is under the treatment of Dr. Puneet Dixit at
Kanpur. However, this Court is of the view that the petitioner ought to
have first complied with the transfer order and only thereafter, indulgence
be granted by this Court.

4. In view of the aforesaid, learned counsel for the petitioner submits that
he is ready to join at the transferred place of posting within a period of
two weeks from today; and in case the petitioner joins his transferred
place of posting, he shall be at liberty to make a representation after his
joining before respondent no. 3; and in such an eventuality, the same may
be accorded consideration thereafter expeditiously, preferably within a
period of one month from the date of filing of the representation along
with the certified copy of this order.

5. With the aforesaid directions/observations the writ petition stands
                                                            WRIA No. 16056 of 2026
                                                      2


                                    disposed off.



                                                          (Siddharth Nandan,J.)
                                    October 1, 2026
                                    piyush




Digitally signed by :-
PIYUSH KUMAR
High Court of Judicature at Allahabad

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