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

Dr Ashok 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 imposed on the operation of the impugned transfer order dated 14.6.2025; four weeks granted to the respondent side to file a counter affidavit, rejoinder affidavit permitted within two weeks thereafter, and matter to be listed thereafter; substantive adjudication deferred (matter requires consideration).

Issue for consideration

Whether the impugned transfer of the petitioner from the Directorate-level post of Assistant Director (held in pursuance of the cadre strength under the Rules, 1996) to the District-level post of District Training Officer in the Rural Department (governed by the Rules, 1992) amounts to an illegal merger/absorption into a different department, permissible only if the governing statutory Rules are modified or rescinded. +1 more

Court's answer

As an interim measure, the Court stayed the operation of the impugned transfer order dated 14.6.2025 until the scheduled affidavits are filed and the matter is next listed.

Key takeaways

The Court observed that the matter requires consideration and granted the Additional Chief Standing Counsel four weeks to file a counter affidavit, with any rejoinder affidavit to follow within two weeks thereafter, the case to be listed subsequently.¶18

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench, Court No. 3 - WRIT - A No. - 6938 of 2025 - Dr Ashok Kumar v. State of U.P. (through Principal Secretary, Department of Rural Development, Lucknow) and 2 Others - Interim order dated 26.6.2025 of Hon'ble Brij Raj Singh, J. Petitioner, holding the Directorate-level post of Assistant Director (Land Conservation and Water Management) at Deen Dayal Upadhyaya State Institute for Rural Development, Lucknow - a post falling at Serial No. 4 of the cadre strength under Rule 4 of the U.P. Deen Dayal Upadhyaya Rural Development Training and Research Institute Officers Service Rules, 1996 - challenges his transfer by impugned order dated 14.06.2025 to the District-level post of District Training Officer, District Rural Development Institute, Kanpur, a post associated with the separate Rural Department governed by the U.P. Rural Development (Extension Training) Gazetted Officers Service Rules, 1992. Petitioner's counsel contended that the transfer effects an illegal merger into a different department, that he cannot be absorbed under the Rules, 1992 unless those Rules are modified or rescinded, and that a statutory Rule cannot be superseded by the Government Order dated 23.07.2015 under which a rule for merger of cadres remains merely proposed and unframed. The Additional Chief Standing Counsel informed the Court that the new post is not an ex-cadre post but stands merged as per the Government Order dated 23.7.2015. Finding the matter to require consideration, the Court granted the Additional Chief Standing Counsel four weeks to file a counter affidavit (rejoinder within two weeks thereafter), listed the matter for a subsequent date, and stayed the operation of the impugned order dated 14.6.2025 in the interim.

Court No. - 3

Case :- WRIT - A No. - 6938 of 2025

Petitioner :- Dr Ashok 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, (Land Conservation and Water Management) 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 District Training Officer, in District Rural Development Institute, Kanpur 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 superceeded 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 Srivastava, 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, Deen Dayal Upadhyaya State Institute for Rural Development, Bakshi Ka Talab, Lucknow to the post of District Training Officer/Kshetriya Prashikshan Adhikari, District Rural Development Institute, Rawatpur, Kanpur 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