Dr Yogendra Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Rural Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Dr Yogendra Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Rural Development Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the operation of the impugned transfer order dated 14.6.2025 till further orders; respondents granted four weeks' time to file counter affidavit, rejoinder affidavit if any within two weeks thereafter, matter to be listed thereafter. Final disposal of the writ petition remains pending.

Issue for consideration

Whether the impugned transfer of the petitioner from the Directorate-level post of Assistant Director (Human Resource Development) held under the cadre in the Rules, 1996 to the District-level post of Extension Training Officer in the Rural Development department amounts to an unlawful merger/absorption into a different department, given that no merger Rule has been framed and a statutory Rule cannot be superseded by a Government Order. +1 more

Court's answer

As an interim measure, the operation of the impugned transfer order dated 14.6.2025 shall remain stayed till the next date (i.e., till the counter affidavit stage), with four weeks' time granted to the respondents to file their counter affidavit and two weeks thereafter for rejoinder, if any.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 3 — Writ-A No. 6931 of 2025 (interim order dated 26.6.2025, Brij Raj Singh, J.). Dr Yogendra Kumar, holding the Directorate-level post of Assistant Director (Human Resource Development) at Deen Dayal Upadhyaya State Institute for Rural Development, Lucknow (Serial No. 4 of the cadre under the U.P. Deen Dayal Upadhyaya Rural Development Training and Research Institute Officers Service Rules, 1996 ('Rules, 1996')), was transferred by order dated 14.06.2025 to the District-level post of Extension Training Officer (Prasar Prashikshan Adhiari) in the Regional Institute of Rural Development, Bakshi Ka Talab, Lucknow. Counsel contended that absorption into the department governed by the U.P. Rural Development (Extension Training) Gazetted Officers Service Rules, 1992 would constitute an illegal merger into a different department unless the Rules are modified or rescinded, and that the Government Order dated 23.07.2015 — reflecting only a pending proposal to frame a cadre-merger Rule — cannot supersede a statutory Rule. In response, Sri Rajeev Srivastave, Additional Chief Standing Counsel, stated that the transferred post is not ex-cadre but merged as per the Government Order dated 23.7.2015. Finding that 'the matter requires consideration', the Court granted four weeks for the counter affidavit (rejoinder within two weeks thereafter) and stayed the operation of the impugned transfer order dated 14.6.2025 till then. No precedent case was cited; no final adjudication was made at this stage.

Court No. - 3

Case :- WRIT - A No. - 6931 of 2025

Petitioner :- Dr Yogendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Rural Development Lko. And 2 Others Counsel for Petitioner :- Mohd. Mansoor,Faisal Ahmad Khan

Counsel for Respondent :- C.S.C.,Prashant Singh Atal

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the parties and perused the record.

On 25.6.2025, the following order was passed:

"Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.

It has been submitted by learned counsel for the petitioner that petitioner is holding post of Assistant Director, (Human Resource Development) at Deen Dayal Upadhyaya State Institute for Rural Development, Lucknow which is a Directorate level post and by the impugned order dated 14.06.2025, the petitioner has been transferred to the post of Extension Training Officer, in Regional Institute of Rural Development, Lucknow which is a District Level post.

Learned counsel further submitted that petitioner's service is governed by the Rules framed under U.P. Deen Dayal Upadhyaya Rural Development Training and Research Institute Officers Service Rules, 1996 (hereinafter referred to as "Rules, 1996") as provided under the cadre under Rule 4. The post of the petitioner falls at Serial No.4 in the cadre strength.

Learned counsel has further submitted that there is Rule known as U.P. Rural Development (Extension Training) Gazetted Officers Service Rules, 1992 which governs the services of Rural Department and is a separate Department and District Training Officer is mentioned at Serial No.3 of the Appendix at page 45 of the petition. It is submitted that in case the petitioner is transferred to rural Department then it would be illegal merger in different department whereas he is holding post in pursuance of cadre strength of the Rules 1996 and he cannot be absorbed under such Rules unless the Rule is modified or rescinded. He has further submitted that the Government Order dated 23.07.2015 has been issued which indicates that there is proposal for making Rule for merger of cadre for re-organisation which is pending but till date no such Rule is framed and by the Government Order, the post cannot be merged because statutory Rule cannot be superseded by the Government Order.

Learned Standing Counsel is directed to seek instructions in the matter.

Put up this case tomorrow, i.e. 26.06.2025 as fresh."

In pursuance to the abovementioned order, Sri Rajeev Srivastave, Additional Chief Standing Counsel has obtained instructions whether the said post is ex-cadre post or not and drawn attention of this Court towards the government

order dated 23.7.2015 and has submitted that the petitioner has been transferred from the post of Assistant Director (Human Resource Development) Deen Dayal Upadhyaya State Institute for Rural Development, Bakshi Ka Talab, Lucknow to the post of Prasar Prashikshan Adhiari/Extension Training Officer in Regional Institute of Rural Development, Bakshi Ka Talab, Lucknow which is not an ex-cadre post rather it is merged as per the Government Order dated 23.7.2015.

The matter requires consideration.

Learned Additional Chief Standing counsel prays for and is granted four weeks time to file counter affidavit.

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

List thereafter.

Till then the operation of the impugned order dated 14.6.2025 shall remain stayed.

[Brij Raj Singh, J.]

Order Date :- 26.6.2025 AKK

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench