Allahabad High Court
SEEMA KUMARI @ SEEMA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed with a direction to the respondent to decide the pending representation within twelve weeks.
Summary
Petitioner Seema Kumari sought transfer from District Commissionerate, Agra to District Mathura on compassionate grounds and also asked the court to direct the respondent to decide her pending representation dated 04.08.2026. The petitioner filed a writ petition under Article 226 seeking a mandamus order. The respondent, the State, argued that the petition was unnecessary and that the pending representation should be decided by the administrative authority. The Court examined the submissions and, without expressing any view on the merits of the transfer request, decided that the petition was not required to be kept pending. The Court directed the second respondent to decide the representation within twelve weeks of the certified copy of the order, after giving an opportunity of hearing. The order effectively disposed of the writ petition.
Issues considered
- Whether the Court should issue a mandamus directing transfer of the petitioner on compassionate grounds
- Whether the Court should direct the respondent to decide the pending representation/application of the petitioner
Subjects
- writ petition
- mandamus
- transfer
- compassionate ground
- administrative service
- representation
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16068 of 2026
Seema Kumari @ Seema Yadav
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Mani Pandey, Tushar
Krishnani
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"a. Issue writ, order, or direction in the nature of mandamus directing the
respondents to consider the case of the petitioner for transfer from
District Commissionerate, Agra to District Mathura on the basis of the
compassionate (Anukampa) ground pursuant to the difficulties facing by
the petitioner, her daughter along with her husband.
b. Issue writ, order, or direction in the nature of mandamus directing the
respondent no. 2 to decide the representation of the petitioner dated
04.08.2026 pending before him (Annexure No. 2 to this writ petition)."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
transfer from District Commissionerate, Agra to District Mathura on
compassionate ground. 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 no. 2 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. 16068 of 2026
2
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 2 to consider and decide the
aforementioned representation/application of the petitioner, in accordance
with law, expeditiously, preferably within a period of twelve 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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