Rohit Singh vs State of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

Rohit Singh vs State of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with a direction to the competent authority (District Magistrate or A.D.M., as the case may be) to consider the appellant's application, after he joins at the transferred place and after verification of the facts regarding his son's ailment, for transfer to a tehsil nearer to Lucknow, with an open mind and unaffected by the proceedings initiated by him; decision within three weeks of submission of the application; the impugned order stands modified accordingly, and joining at the transferred place is subject to that decision.

Issue for consideration

Whether the posting of the appellant within the same district but in a different tehsil (Hardoi) was penal in nature. +1 more

Court's answer

The posting of the appellant within the district in another tehsil is not penal in any manner.

Ratio / Principle

If it is a case of hardship, the appellant should join at the transferred place and then submit an application to the competent authority for consideration of his transfer to any tehsil nearer to Lucknow.

Key takeaways

The competent authority, stated to be the District Magistrate or the A.D.M. as the case may be, is to consider the appellant's application after he joins at the transferred place, unaffected by the proceedings initiated by him and with an open mind, after getting the facts regarding his son's ailment verified; the decision is to be taken within three weeks of submission of the application; the impugned order stands modified accordingly, and joining at the transferred place is subject to that decision.ratio¶14

Detailed headnote1 paragraphs

Special Appeal (High Court of Judicature at Allahabad, Lucknow Bench) against the judgment of the writ court: the appellant, posted within the same district from Sandila to Hardoi tehsil, contended that the posting order was penal in nature and caused hardship owing to the medical condition of his son, whose treatment was ongoing at Lucknow. The Division Bench (Rajan Roy and Abdhesh Kumar Chaudhary, JJ.) held that the posting of the appellant within the district in another tehsil was not penal in any manner. The appeal was disposed of with a direction to the competent authority, stated to be the District Magistrate or the A.D.M. as the case may be, to consider the appellant's application for transfer to a tehsil nearer to Lucknow after he joins at the transferred place, with an open mind and unaffected by the proceedings initiated by him, after getting the facts regarding his son's ailment verified; such decision to be taken within three weeks of submission of the application. The impugned order stands modified accordingly, and the appellant's joining at the transferred place is subject to the decision so to be taken.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

SPECIAL APPEAL No. - 39 of 2026

Rohit Singh

.....Appellant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. U.P. Lko. And 5 Others .....Respondent(s) Counsel for Appellant(s) : Ravi Shanker Tewari, Rakesh Kumar Verma, Sheo Pal Singh Counsel for Respondent(s) : C.S.C.

Court No. - 1

HON'BLE RAJAN ROY, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J.

Heard.

The appellant has challenged the judgment of the writ court on the ground that the writ court has failed to appreciate that the order was penal in nature and also the hardship of the appellant on account of medical condition of his son. Earlier posting at Sandila was more conducive for treatment of his son which is going on at Lucknow but now the posting albeit within the same district but in a different Tehsil i.e. Hardoi creates hardship for the appellant and his family.

We have gone through the impugned judgment and after hearing the appellant and after perusing the records, we do not find the posting of the appellant within the district in another teshil to be penal in any manner. If it is a case of hardship, the appellant should join at the transferred place and then submit an application to the competent authority for considering his transfer to any tehsil nearer to Lucknow, if there is a cause, i.e. if the medical condition of son of the appellant is such that he has to visit Lucknow regularly for his treatment. We, accordingly, dispose of this appeal with a direction to the competent authority who is said to be the District Magistrate or the A.D.M. as the case may be to consider the application of the appellant after he joins at the transferred place unaffected by the proceedings initiated by him i.e. with an open mind

SPLA No. 39 of 2026

2

after getting the facts regarding ailment of his son verified. Such decision shall be taken within three weeks of submission of such application. The impugned order stands modified accordingly. Joining of the appellant at the transferred place shall be subject to the decision to be taken as aforesaid.

(Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.)

January 29, 2026

Shanu/-

Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench