Allahabad High Court
SANDEEP KUMAR MISHRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that, in the absence of any vacant post, the petition for transfer cannot be granted and the writ petition is disposed.
Summary
The petitioner, Sandeep Kumar Mishra, a Chakbandi Karta appointed in 2024, sought transfer from Jaunpur to Hathras, Kannauj or Auraiyya citing his wife's illness and his elderly mother's health. He argued that the Transfer Policy permits a transfer on his own request given such intervening circumstances. The respondents contended that all sanctioned posts in the desired locations were already filled, leaving no vacancy for his accommodation. The court examined the availability of posts and the applicability of the Transfer Policy, concluding that there was no vacancy to effect the transfer at present. Consequently, the court declined to interfere with the respondents' decision and disposed of the writ petition, directing the petitioner to re‑apply in the next transfer session when a new policy or vacancy arises.
Issues considered
- Whether the petitioner is entitled to a transfer under the Transfer Policy in view of personal hardship.
- Whether the absence of vacant sanctioned posts in the requested locations precludes the grant of transfer.
- Whether the court can compel the administration to effect a transfer despite lack of vacancy.
Subjects
- transfer
- civil service
- Chakbandi Lekhpal
- Chakbandi Karta
- writ petition
- administrative law
- transfer policy
- vacancy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 3151 of 2026
Sandeep Kumar Mishra
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ram Sagar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Ram Sagar Yadav, learned counsel for the writ petitioner and
Sri Rahul Malviya, learned Standing Counsel for the State.
2. The case of the writ petitioner is that he was appointed as a Chakbandi
Lekhpal on 24.06.1997 and thereafter promoted on the post of Chakbandi
Karta on 10.10.2024. The home district of the writ petitioner is Etah and the
writ petitioner seeks transfer from Jaunpur to Hathras, Kannauj or Auraiyya.
According to the writ petitioner, the wife of the writ petitioner is ill and the
mother of the writ petitioner is old aged and she is also ailing. Since the
claim of the writ petitioner has not been considered, so the writ petitioner
preferred Writ-A No.8703 of 2025, which came to be disposed of on
04.07.2025, requiring the respondents to consider the claim and now, the
claim stands rejected on 07.11.2025 by the Consolidation Commissioner,
Lucknow.
3. Questioning the said order, the present writ petition has been preferred.
4. Learned counsel for the writ petitioner submits that as per the Transfer
Policy, the writ petitioner is entitled to be transferred on his own request in
view of the intervening facts and circumstances.
5. Learned Standing Counsel on the other hand submits that so far as Hathras
is concerned for the year 2025-26, there are 13 sanctioned posts of
Chakbandi Karyakarta, against which 14 are working, Kannauj against
sanctioned post of 38, 39 are working and Auraiyya, against 24, 24 are
working, then there is no posts available wherein the writ petitioner can be
accommodated by way of transfer. However, he submits that in the ensuing
WRIA No. 3151 of 2026
2
transfer session, where a new transfer policy comes in the existence, the
claim of the writ petitioner would be considered.
6. Learned counsel for the writ petitioner has no objection to the same.
7. Considering the submissions so made across the Bar, the interference is
declined. The writ petition stands disposed of leaving it open to the writ
petitioner to again approach the respondents in the ensuing transfer session,
when the new transfer policy comes into existence and in case such a request
is made, the same shall be considered most expedition. Apart from the same,
in case any post is vacant, alleged by the writ petitioner, due to transfer of
Sri Vikram, Chakbandi Karta from Auraiya to Moradabad, the claim of the
writ petitioner be also considered in that regard.
8. Instructions filed today are taken on record and marked as Appendix 'A'.
March 19, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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