Allahabad High Court
PRAMOD KUMAR SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- PRAKASH PADIA
Holding
A writ of mandamus cannot be issued to enforce a transfer policy that has ceased to operate; the petitioner must file a fresh application under the current policy.
Summary
The petitioner filed a writ petition seeking a mandamus directing the respondent to consider and decide his transfer application dated 17 May 2025 under Rule 5(iii) of the Transfer Policy 2025-26. The respondent contended that the 2025-26 transfer policy had expired and a new policy for 2026-27 was in force. The Court examined whether a writ could be issued to enforce a provision of a policy that was no longer applicable. It concluded that the earlier policy could not be invoked and the petition could not be entertained on that basis. Consequently, the petition was disposed, with the Court permitting the petitioner to file a fresh application under the new 2026-27 transfer policy and directing the respondent to decide it according to law.
Issues considered
- Can a writ of mandamus be issued to compel a decision on a transfer application filed under a superseded transfer policy?
- Is the petitioner entitled to relief when the statutory rule governing his application has ceased to operate?
Subjects
- transfer policy
- writ of mandamus
- administrative law
- public service
- high court
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6745 of 2026
Pramod Kumar Sharma
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Shivam Shukla, Vinod Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. The petitioner has preferred present writ petition inter-alia with the
following prayer :-
"(a) a writ, order or direction in the nature of mandamus commanding the respondent
no.2 to consider and decide the petitioner's transfer application dated 17.05.2025
(Annexure No.5 to this writ petition) in accordance with Rule 5(iii) of the Transfer
Policy 2025-2026, expeditiously and within a stipulated period as may be fixed by this
Hon'ble Court."
2. It is argued by learned Standing Counsel that transfer policy for the
year 2025-26 has already came to an end and new transfer policy has
already been introduced by the State Government.
3. In this view of the matter, present writ petition is disposed of finally
permitting the petitioner to submit a fresh application as per new transfer
policy for the year 2026-27. If such application is filed, respondent
concerned is directed to decide the same in accordance with law.
(Prakash Padia,J.)
May 6, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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