Created by Fuzzy Cloud

Allahabad High Court

ASHOK KUMAR VERMAversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The court held that the petitioner's relief could not be granted and ordered him to join the transfer post while directing the authorities to decide his representation within two weeks.

Summary

Ashok Kumar Verma challenged a transfer order dated 21‑04‑2026 that moved him from Vikas Khand Chaubepur to Vikas Khand Kakawan under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). He argued that the order was illegal because it conflicted with a Government Order dated 17‑03‑2020. The respondents produced a later instruction dated 02‑05‑2026 stating that the 2020 order had been cancelled and a new order dated 11‑06‑2025 permitted transfers of even contractual MGNREGA workers between blocks or gram panchayats. The court found that the petitioner’s request for relief could not be granted. However, in the interest of justice, the court directed the petitioner to join his new post within a week and ordered the authorities to consider his representation dated 23‑04‑2026 within two weeks. The writ petition was subsequently disposed.

Issues considered

  • Whether the transfer order dated 21‑04‑2026 is illegal in view of the earlier Government Order dated 17‑03‑2020 and its subsequent cancellation
  • Whether the petitioner is entitled to relief against the transfer under MGNREGA provisions

Legislation cited

Subjects

  • Transfer
  • MGNREGA
  • Government Order
  • Administrative law
  • Writ petition
  • Labour employment
  • Contractual staff
  • Justice

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - A No. - 6781 of 2026

Ashok Kumar Verma
                                                            .....Petitioner(s)
                                  Versus

State Of U.P. And 5 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)                            :   Onkar Nath
Counsel for Respondent(s)                            :   C.S.C.

Court No. - 6
                   HON'BLE PRAKASH PADIA, J.

1. The order dated 21.04.2026 passed by the respondent no.3-Deputy
Commissioner, Labour Employment, Joint District Programming
Coordinator Mahatma Gandhi National Rural Employment Guarantee
Act, Kanpur Nagar by which petitioner was transferred from Vikas
Khand, Chaubepur to Vikas Khand Kakawan in the same district is under
challenge in the present writ petition.

2. It is argued by counsel for the petitioner that the aforesaid order is
illegal in view of the Government Order dated 17.03.2020, copy of which
is appended as annexure-2 to the writ petition.

3. Learned Standing Counsel placed before this Court the instructions
dated 02.05.2026 under signature of respondent no.3, the same is taken on
record. Copy of the instructions were also provided to the counsel for the
petitioner.

4. It is stated in paragraph-5 of the aforesaid instructions that earlier
Government Order dated 17.03.2020 has been cancelled and new
Government Order has been issued by the State Government on
11.06.2025 according to which persons worked in MGNREGA, even on
contractual basis could be transferred from one Block/Gram Panchayat to
another Block/Gram Panchayat.

5. After going through the aforesaid, the Court is of the opinion that the
relief sought for by the petitioner could not be granted.

6. After the aforesaid order was dictated a prayer has been made by
                                                                                              WRIA No. 6781 of 2026
                                                                     2


                                    counsel for the petitioner to direct the authorities to decide the
                                    representation of the petitioner dated 23.04.2026.

                                    7. In this view of the matter and also in the interest of justice, petitioner is
                                    directed to first of all join his transfer post within a week. If it is so the
                                    respondent concerned is directed to decide the representation submitted
                                    by the petitioner within next two weeks in accordance with law.

                                    8. With the aforesaid observations, present writ petition is disposed of.



                                                                                               (Prakash Padia,J.)
                                    May 6, 2026
                                    Pramod Tripathi




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

Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.