Janardan Prasad vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Janardan Prasad vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the order dated 05.07.2025 until further orders; petitioner to be repatriated and permitted to resume duties at his former place of duty, conditional on the mutual-transfer candidate not having joined; counter affidavit within four weeks, rejoinder within two weeks thereafter, matter listed on 10.11.2025. Final relief reserved.

Issue for consideration

Whether the petitioner's mutual transfer request application could be validly acted upon notwithstanding the alleged absence of any transfer-policy rider or notified circular prescribing a time limit (by 12.03.2025) for withdrawal of such request applications.

Ratio / Principle

As an interim measure until further orders, the effect and operation of the impugned order dated 05.07.2025 was stayed; the petitioner is to be repatriated and permitted to resume duties at the place where he was discharging duties on the date of the impugned order, provided the candidate on mutual transfer has not come and joined.

Detailed headnote1 paragraphs

Service law - transfer policy - mutual transfer - interim relief. Janardan Prasad v. State of U.P. & 3 Others, WRIT - A No. 13201 of 2025 (Allahabad High Court, Ajit Kumar, J., September 15, 2025). Respondents' instructions stated that employees wishing to withdraw mutual transfer request applications had to do so by 12.03.2025, failing which unwithdrawn applications were acted upon. The petitioner contended that the transfer policy contained no such time-limit rider and that any circular prescribing it was neither brought to his notice nor communicated to him; on a pointed query, his counsel could not produce any such circular. The Court found the matter to require consideration, called for a counter affidavit within four weeks (rejoinder within two weeks thereafter) and listed the matter on 10.11.2025. As an interim measure until further orders, the Court stayed the operation of the impugned order dated 05.07.2025 and directed that the petitioner be repatriated and permitted to resume duties at the place where he was discharging duties on the date of the impugned order, provided the candidate on mutual transfer had not come and joined.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 13201 of 2025

Janardan Prasad

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s) Counsel for Petitioner(s) : Arvind Kumar Verma Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra

Court No. - 4

HON'BLE AJIT KUMAR, J.

Shri Ram Chandra, learned Advocate holding brief of Shri Pranjal Mehrotra, learned counsel for respondent has placed instructions before the Court which is taken on record.

As per the instructions the mutual trnasfer request application already made, if any, was expected to be withdrawn by an employee, in any case, by 12.03.2025 if he was no more interested and those applications that were not withdrawn, were acted upon.

Per contra it is argued by learned counsel for petitioner that under the transfer policy there is no such rider prescribed therein and if any circular was, prescribing time limit for withdrawal of request application, the same was not brought to the notice of the petitioner, nor the petitioner was informed of any such condition of the withdrawal of the request, if made for mutual transfer.

Upon a pointed query being made learned counsel for petitioner could not place any circular letter as such.

Matter requires consideration.

Let counter affidavit be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks. thereafter.

List on 10.11.2025.

In the meanwhile until further orders of this Court, the effect and

WRIA No. 13201 of 2025

2

operation of the order dated 05.07.2025 shall remain stayed and petitioner shall be repatriated and shall be permitted to resume his duties at the place where he was discharging his duties on the date of passing of the order impugned dated 05.07.2025 provided of course, the candidate on mutual transfer has not come and joined.

(Ajit Kumar,J.)

September 15, 2025

Nadeem

Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad