Surendra Kumar Verma Vs State of U.P. Thru. Prin. Secy. Basic Education Deptt. Govt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Surendra Kumar Verma Vs State of U.P. Thru. Prin. Secy. Basic Education Deptt. Govt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with the consent of counsel: petitioner permitted to submit a representation before respondent no.4 within two weeks; respondent no.4 to decide it by a reasoned and speaking order within a further two weeks; no coercive action against the petitioner till then; benefit of the order conditional on the representation being filed within the stipulated time.

Issue for consideration

Whether the impugned transfer order dated 09.06.2025 transferring the petitioner from Block Bikapur to Composite Vidyalaya, Karaudi Block Tarun is sustainable in light of the various grounds raised by the petitioner.

Court's answer

The grounds raised against the impugned transfer order fall within the realm of grounds to be considered by the respondents at the first instance; the Court did not examine those grounds itself.

Ratio / Principle

If the petitioner submits a representation within two weeks before respondent no.4, respondent no.4 shall endeavour to decide the same by means of a reasoned and speaking order within a further period of two weeks.

Key takeaways

Until the representation is decided, no coercive action shall be taken against the petitioner.ratio¶8
The Court has not gone into the merits of the claim set forth by the petitioner.ratio¶10
In case the representation is not moved within the stipulated period, the benefit of this order shall not be available to the petitioner.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Hon'ble Abdul Moin, J.) — WRIT - A No. 7302 of 2025, decided 8.7.2025. Surendra Kumar Verma challenged the order dated 09.06.2025 transferring him from Block Bikapur to Composite Vidyalaya, Karaudi Block Tarun. With the consent of counsel the petition was finally disposed of without going into the merits: the Court held that the grounds raised fell within the realm of grounds to be considered by the respondents at the first instance, and directed that if the petitioner moved a representation before respondent no.4 within two weeks, respondent no.4 would endeavour to decide it by a reasoned and speaking order within a further two weeks, with no coercive action against the petitioner in the interregnum. Benefit of the order was made conditional upon the representation being filed within the stipulated time.

Neutral Citation No. - 2025:AHC-LKO:38482

Court No. - 5 Case :- WRIT - A No. - 7302 of 2025 Petitioner :- Surendra Kumar Verma Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. Govt. Lko. And 4 Others Counsel for Petitioner :- Anand Mani Tripathi Counsel for Respondent :- C.S.C.,Ravi Prakash Yadav Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned counsel for the respondents-State and Shri Ravi Prakash Yadav, learned counsel appearing for respondents No.4 & 5.

With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.

Under challenge is the order dated 09.06.2025, a copy of which is Annexure-1 to the petition, so far as it pertains to the petitioner whereby the petitioner has been transferred from Block Bikapur to Composite Vidyalaya, Karaudi Block Tarun.

Learned counsel for petitioner has raised various grounds to challenge the impugned transfer order, however the Court is of the view that the said grounds fall in the realm of the grounds to be considered by the respondents at the first instance.

Learned counsel for the petitioner submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent no.4 which may be directed to be decided within a fixed time frame to which learned Standing Counsel has no objection.

In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before the respondent no.4 then the respondent no.4 shall endevour to decide the same by means of a reasoned and speaking order within a further period of two weeks from the date of receipt of a certified copy of this order along with representation. Till then no coercive action shall be taken against the petitioner.

With the aforesaid direction, writ petition is disposed of.

It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner.

It is made clear that in case the representation is not moved within the aforesaid period of time, then benefit of this order shall not be available to the petitioner. Order Date :- 8.7.2025/prateek

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench