Upendra Kumar vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Upendra Kumar vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection only: matter posted as fresh on 10.02.2026 and, till then, no coercive action to be taken against the petitioner; writ petition otherwise pending

Issue for consideration

Whether the impugned orders dated 31.12.2025 passed by respondent No.5, the Government Order dated 14.11.2025 and the Circular dated 16.11.2025 issued by Director of Education (Basic) are liable to be quashed, in view of the petitioner's prior transfer pursuant to the order dated 23.5.2025 +2 more

Court's answer

Prima facie view at interim stage: the petitioner had already been transferred pursuant to the order dated 23.5.2025, therefore there was no occasion for issuance of the subsequent Government Order dated 14.11.2025, pursuant to which a number of teachers have already been transferred; the second Government Order has resulted in a chaotic situation requiring this Court's interference. The matter is posted as fresh, so this observation is not a final determination.

Ratio / Principle

Interim direction: the matter is to be posted as fresh on 10.02.2026, and till then no coercive action shall be taken against the petitioner.

Detailed headnote1 paragraphs

Allahabad High Court (Manju Rani Chauhan, J.) — Writ - A No. 913 of 2026, Upendra Kumar v. State of U.P. and 4 others, interim order dated January 27, 2026. The petitioner, working as Assistant Teacher at Composite School Jamauraaaaa (1-8), Block Bewar, District Mainpuri, sought certiorari to quash the orders dated 31.12.2025 passed by respondent No.5, the Government Order dated 14.11.2025 and the Circular dated 16.11.2025 issued by the Director of Education (Basic), and mandamus for decision of his objection dated 5.1.2026 and representation dated 12.1.2026. The Court observed that in pursuance of the order dated 23.5.2025 the petitioner had already been transferred and there was no occasion for issuance of the later Government Order dated 14.11.2025, pursuant to which a number of teachers had already been transferred, and that its issuance had resulted in a chaotic situation warranting interference. The matter was posted as fresh on 10.02.2026 with an interim direction that no coercive action be taken against the petitioner till then. No statute or precedent was cited; the petition remains pending and the prima facie observations are not a final determination.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 913 of 2026

Upendra Kumar

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

	.....Respondent(s)
Counsel for Petitioner(s)	: Manvendra Singh, Rishabh Tiwari
Counsel for Respondent(s)	: C.S.C., Manvendra Singh

Court No. - 52

HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard learned counsel for the petitioner, Sri Manvendra Singh, learned counsel appearing on behalf of respondent-BSA and learned Standing Counsel for the State-respondents.

The writ petition has been filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned orders dated 31.12.2025 passed by the respondent No.5 (Anneuxre-1 to the writ petition).

(ii) Issue a writ, order or direction in the nature of certiorari quashing the Govt.Order dated 14.11.2025 (Anneuxre-4 to this writ petition) as well as quashed the Circular dated 16.11.2025 issued by Director of Education (Basic) (Annexure-5 to this writ petition).

(iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to decide the objection dated 5.1.2026 filed by the petitioner in pursuance of order dated 1.1.2026 passed by respondent No.5 (Annexure-8 to this writ petition) and also directed to the respondents authorities to decide the representation dated 12.1.2026 moved by the petitioner through registered post (Annexure-9 to this writ petition).

(iv) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities not to interfere in the peaceful working of the petitioner as Assistant Teacher in Composite

WRIA No. 913 of 2026

2

School Jamauraaaaa (1-8), Block Bewar, District Mainpuri, where petitioner has been prior to issuance of impugned order dated 31.12.2025 and to pay the petitioner his regular monthly salary on such post every month."

The bunch of petitions has already been heard by this Court. This Court is of the considered opinion that in pursuance of the order dated 23.5.2025, the petitioner had already been transferred and, therefore, there was no occasion for issuance of another Government Order dated 14.11.2025, pursuant to which a number of teachers have already been transferred. The issuance of the another Government Order has resulted in a chaotic situation. In these circumstances, interference by this Court is required.

Let this matter be posted as fresh on 10.02.2026.

Till then, no coercive action shall be taken against the petitioner.

(Mrs. Manju Rani Chauhan,J.)

January 27, 2026

LN Tripathi

Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad