Anil Kumar Jaiswal vs Amit Kumar Ghosh Prin. Secy. Medical and Health Services Lko. and Another — Allahabad HC (2026) — LawSathi Research

Anil Kumar Jaiswal vs Amit Kumar Ghosh Prin. Secy. Medical and Health Services Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim direction: one week's time granted to respondent no. 2 to file compliance affidavit, failing which respondent no. 2 shall appear on the next date of listing; case listed in the week commencing 23.02.2026.

Issue for consideration

Whether, where there is a direction of the High Court passed in a writ petition, any approval (under subpara 3 of para 3 of the transfer policy, requiring the concerned Minister's approval for transfers after the end of the transfer session) is required, or whether the transfer policy could supersede the judgment and order passed by the High Court.

Court's answer

Proceeding on the fair submission of the learned Chief Standing Counsel, on instructions from respondent no. 2, that after the judgment of the High Court the order is to be complied with and that neither the transfer policy nor the Government Order could supersede the order passed in the writ petition, the Court permitted time for compliance instead of insisting on the ministerial approval contemplated by the transfer policy.

Ratio / Principle

One week's time was granted for filing the compliance affidavit, failing which respondent no. 2 was directed to appear on the next date of listing.

Detailed headnote1 paragraphs

Contempt Application (Civil) — non-compliance of order passed in writ petition — compliance affidavit of respondent no. 2 taken on record — transfer policy (subpara 3 of para 3) required approval of the concerned Minister for transfers after the end of the transfer session; several letters written for approval but none received — on the Court's query, learned Chief Standing Counsel fairly submitted that after the judgment of the High Court the order is to be complied with and that neither the transfer policy nor the Government Order could supersede the order passed in the writ petition — one week's time granted for filing compliance affidavit, failing which respondent no. 2 to appear on the next date — listed in the week commencing 23.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 4305 of 2025

Anil Kumar Jaiswal

.....Applicant(s)

Versus

Amit Kumar Ghosh Prin. Secy. Medical And Health Services Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Savita Jain
Counsel for Opposite Party(s) :

Court No. - 8

HON'BLE MANISH KUMAR, J.

Respondent No.2 has filed compliance affidavit, which is taken on record.

Learned Chief Standing Counsel has submitted that subpara 3 of para 3 of the transfer policy provides that if the transfer is to be made after coming to an end of transfer Session, the approval is to be taken from the Minister of the concerned department. The respondent has written several letters for approval for the purpose of compliance of the order passed in the writ petition but no approval has been received so far.

On being asked from the learned Chief Standing Counsel that if there is a direction of the High Court passed in a writ petition, is any approval required or the transfer policy could supersede the judgment and order passed by the High Court, he has very fairly submitted that after the judgment of the High Court, the order is to be complied

CAPL No. 4305 of 2025 2

with. Neither the transfer policy nor the Government Order could supersede the order passed in the writ petition and on the basis of instructions received from the respondent no. 2, learned Standing Counsel prays for and is granted a week's time for filing compliance affidavit failing which the respondent no. 2 shall appear on the next date of listing.

List this case in the week commencing 23.02.2026.

(Manish Kumar,J.)

February 16, 2026

S. Kumar

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