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Allahabad High Court

MRS BIMLESH BHARTIversusSTATE OF U.P. AND 9 OTHERS

Decided

Holding

The Court allowed the petition to be disposed with liberty to file a fresh representation within 15 days, without deciding the substantive transfer claim.

Summary

The petitioner, a lecturer at an aided college in Agra, sought transfer of her posting to her native place, Meerut, invoking provisions of the Intermediate Act, 1921. She filed a writ petition after an earlier application to the Additional Director of Education, requesting a fresh application within 15 days. The respondents indicated that any transfer would be considered strictly according to law if warranted. The Court disposed of the writ petition, granting the petitioner liberty to file a fresh representation with all necessary facts within 15 days, and directed the respondents to consider it sympathetically within three months. No substantive merits of the transfer request were decided, only procedural liberty was granted.

Issues considered

  • What procedural steps must the petitioner follow to seek a transfer under the Intermediate Act, 1921?

Legislation cited

  • Intermediate Act, 1921

Subjects

  • transfer of government employee
  • service matters
  • writ petition
  • education sector
  • intermediate act

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - A No. - 6641 of 2026

                                    Mrs Bimlesh Bharti
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 9 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Shashi Dhar Shukla
                                    Counsel for Respondent(s)            :   C.S.C., Shivendra Kumar Singh

                                    Court No. - 32
                                                    HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Mr. Shashi Dhar Shukla, learned counsel for the applicant fairly submits
                                    that prayers made in this writ petition are not happily worded, however, the
                                    petitioner is a lecturer at an added college at Agra and her services are
                                    governed by Intermediate Act, 1921 as well as she is a complainant and
                                    victim, therefore, she wants that she may work either at his native place i.e.
                                    Meerut or near about from the present place of working i.e Agra and,
                                    therefore, she has moved an application before competent authority i.e. the
                                    Additional Director Education, Madhyamik and further prays that a fresh
                                    application will be filed within 15 days.

                                    2. Mr. Shivendra Kumar, learned counsel for the respondent fairly submits
                                    that if the circumstance so warrant, the petitioner's case for transfer will be
                                    considered strictly in accordance with law.

                                    3. In the aforesaid circumstances, this writ petition is disposed of with a
                                    liberty to petitioner to file a fresh representation making all necessary facts
                                    by way of dasti within 15 days and in such event the concerned respondent
                                    will consider it in a sympathetic manner within further three months.



                                                                                  (Saurabh Shyam Shamshery,J.)
                                    May 5, 2026
                                    Kumar Manish




Digitally signed by :-
MANISH TRIPATHI
High Court of Judicature at Allahabad


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