Sumit Kumar vs State of U.P. and 7 Others — Allahabad HC (2025) — LawSathi Research

Sumit Kumar vs State of U.P. and 7 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No adjudication on merits; by consent the petitioner was directed to join at the transferred place and submit a representation ventilating his grievances with joining report and certified copy of the order within three weeks, upon which the competent authority is to pass an appropriate order most expeditiously, preferably within four weeks thereafter.

Issue for consideration

Whether the petitioner, a technical assistant, was wholly illegally transferred from Uchch Prathmic Vidyalay Bhakhari, Block Bhadohar Khurd, Banda to Uchch Prathmic Vidyalay Barhenda, Block Naraini, Banda by the impugned order of B.S.A., Banda dated 12.09.2025, such that the order is liable to be set aside and the petitioner reinstated at his same block and school.

Court's answer

With the consent of learned counsel for both sides, the petition was disposed of by directing the petitioner to first join service at his transferred place and thereafter submit a representation ventilating all his grievances, together with the joining report and a certified copy of the order, before the competent authority within three weeks.

Ratio / Principle

If the petitioner submits his representation along with the joining report within the stipulated period, the concerned competent authority is directed to pass an appropriate order on the same most expeditiously, preferably within four weeks thereafter.

Detailed headnote1 paragraphs

Writ (Certiorari/Mandamus) by a technical assistant, Sumit Kumar, challenging his transfer by order dated 12.09.2025 of B.S.A., Banda from Uchch Prathmic Vidyalay Bhakhari (Block Bhadohar Khurd, Banda) to Uchch Prathmic Vidyalay Barhenda (Block Naraini, Banda) as allegedly wholly illegal, praying for quashal of the order and reinstatement at his same block and school. Disposed of with the consent of counsel for the parties: petitioner directed to first join at the transferred place and submit a representation ventilating all grievances, with joining report and certified copy of the order, before the competent authority within three weeks; the competent authority to pass an appropriate order most expeditiously and preferably within four weeks thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 18213 of 2025

Sumit Kumar

.....Petitioner(s)

Versus

Counsel for Petitioner(s) State Of U.P. And 7 Others	: Sitaram Yadav, Vinod Kumar Singh .....Respondent(s)
Counsel for Respondent(s)	: C.S.C., Shivendra Kumar Singh

Court No. - 2

HON'BLE PRAKASH PADIA, J.

The petitioner has preferred the present petition with the following prayer:-

i. A writ order or direction in the nature of Certiorari for quashing the impugned order dated 12.09.2025 (Annexure5 to this writ petition) passed by B.S.A., Banda.

ii. A writ order or direction in the nature of Mandamus directing the respondent authorities to reinstate to the petitioner at same block and same school were petitioner was working.

It is argued by learned counsel for the petitioner that the petitioner who is technical assistant has wholly illegally transferred from Uchch Prathmic Vidyalay Bhakhari, Block Bhadohar Khurd Banda to Uchch Prathmic Vidyalay Barhenda, Block Naraini Banda without any reason and prays that the order is liable to be set aside.

On the other hand, it is argued by learned Standing Counsel that in case, the petitioner will join his transferred place and thereafter submit a representation ventilating all his grievances before the competent authority, the competent authority will pass appropriate order expeditiously.

Heard learned counsel for the parties and perused the record.

WRIA No. 18213 of 2025

2

With the consent of learned counsel for the parties, the present petition is disposed of directing the petitioner to first of all join the services in his transferred place and thereafter submit a representation ventilating all his grievances along with joining report and certified copy of this order before the competent authority within a period of three weeks from today. In case, the petitioner will submit his representation along with joining report with the stipulated period, the concerned competent authority is directed to pass appropriate order on the same most expeditiously and preferably within a period of four weeks thereafter.

(Prakash Padia,J.)

December 17, 2025 saqlain

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad