Mohd. Alam Qadri v. State of U.P., in which on

1. Heard Sri Devottam Pandey, learned counsel for the writ petitioner and Sri Gaurav Singh, learned Standing Counsel for the State.

2. The case of the writ petitioner is that the writ petitioner had earlier approached this Court while filing Writ-A No.13296 of 2024, Mohd. Alam Qadri vs. State of U.P., in which on 31.08.2024, the following orders were passed:- "The case of the petitioner is that he seeks transfer from Collectorate, Basti to the Collectorate, Moradabad. The Collector, Basti has recommended the petitioner's case vide his Memo dated 21.06.2024. The Moradabad Collector too has given his no objection subject to fulfillment of three conditions indicated in the order dated

24.06.2024 passed by the Additional District Magistrate, Administration, Moradabad on behalf of the Collector, Moradabad. Let an affidavit be filed by the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow indicating why the petitioner's case has not been considered. The affidavit shall be filed on or before 20.09.2024. Lay as fresh on 20.09.2024. Let this order be communicated to the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow through the Chief Judicial Magistrate, Lucknow by the Registrar (Compliance) by Monday next."

3. Thereafter on 20.09.2024, the Court proceeded to pass the following orders:- "On 31.08.2024, we passed the following order: "The case of the petitioner is that he seeks transfer from Collectorate, Basti to the Collectorate, Moradabad. The Collector, Basti has recommended the petitioner's case vide his Memo dated 21.06.2024. The Moradabad Collector too has given his no 2 WRIA No. 15207 of 2025 objection subject to fulfillment of three conditions indicated in the order dated

24.06.2024 passed by the Additional District Magistrate, Administration, Moradabad on behalf of the Collector, Moradabad. Let an affidavit be filed by the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow indicating why the petitioner's case has not been considered. The affidavit shall be filed on or before 20.09.2024. Lay as fresh on 20.09.2024. Let this order be communicated to the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow through the Chief Judicial Magistrate, Lucknow by the Registrar (Compliance) by Monday next." In compliance, the Commissioner & Secretary, Board of Revenue, U.P., Lucknow has filed her own affidavit in Court today. It is taken on record. Let it be numbered by the office. In paragraph no. 10 of the aforesaid affidavit, the following stand has been taken: "10. That the deponent further most respectfully submits that since the time of transfer sessions 2024-25 has already expired on 30-06-2024, therefore, in compliance with order dated 20-08-2024 passed by this Hon'ble Court in Writ-A No. 10776 of 2024(Smt. Karishma Hidayat Vs. State of U.P. and others) and on the basis of No Objections provided by the District Magistrate of the concerned districts, the deponent-Commissioner & Secretary, Board of Revenue, U.P. Lucknow vide letter dated 13-09-2024 referred the matters of transfer to the Principal Secretary, Rajaswa Anubhag- 4, Government of U.P., Lucknow for decision at the level of State Government. Copy of letter dated 13-09-2024 issued by the deponent- Commissioner & Secretary, Board of Revenue, U.P. Lucknow is being annexed herewith and is marked as Annexure No.CA-3 to this counter affidavit." Let the Principal Secretary, Revenue, Government of U.P., Lucknow pass necessary orders in the matter in order to ensure compliance with this Court's order dated

31.08.2024 within a week. Lay as fresh on 27.09.2024. By the said date, the Principal Secretary, Revenue, Government of U.P., Lucknow will also file his own affidavit and a further affidavit shall be filed in the matter by the Commissioner & Secretary, Board of Revenue, U.P., Lucknow. Let this order be communicated to the Principal Secretary, Revenue, Government of U.P., Lucknow and the Commissioner & Secretary, Board of Revenue, U.P., Lucknow through the Chief Judicial Magistrate, Lucknow by the Registrar (Compliance) within 24 hours."

4. Ultimately, the said writ petition came to be disposed of on 15.01.2025, orders whereof are as under:- "1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Learned counsel for the petitioner submits that controversy involved in the present 3 WRIA No. 15207 of 2025 petition is squarely covered with the judgement of this Court passed in Writ A No. 14257 of 2024 (Shivendra Tripathi vs. State of U.P. & others, which was disposed of vide order dated 7.1.2025, therefore, this petition may also be disposed of on the same terms and condition.

3. Learned Standing Counsel for the State-respondents has not disputed the aforesaid facts.

4. Accordingly, the writ petition is also disposed of in terms of order dated 7.1.2025 passed in Writ A No. 14257 of 2024 with liberty to petitioner to file fresh application for transfer before the respondent-authorities. In case any such application is filed, same shall be considered sympathetically in the next transfer session as mentioned in order dated 30.9.2024."

5. Learned counsel for the writ petitioner submits that in pursuance of the order dated 15.01.2025, passed in Writ-A No. 13296 of 2024, Mohd. Alam Qadri vs. State of U.P, the petitioner preferred a representation seeking transfer from Basti to Moradabad on 17.03.2025, pursuant whereto a no- objection certificate came to be issued on 30.05.2025 followed by a no objection certificate by District Magistrate, Moradabad on 30.06.2025.

6. Grievance of the writ petitioner is that despite the fact that there happens to be no-objection certificate by the relieving and the accepting authority, but no action whatsoever has been taken despite the fact that there happened to be positive direction in the earlier spell of litigation, whereby the writ petitioner was required to prefer representation in that regard.

7. Prayer in the present writ petition is for a direction to the respondent no.2/ Ayukt Avam Sachiv Board of Revenue, U.P. Anubhag-12, Lucknow to consider the claim of the writ petitioner for being transferred from Basti to Moradabad.

8. Sri Gaurav Singh, learned Standing Counsel submits that though the writ petitioner does not possess an indefeasible right for being transferred, but since it is the claim of the writ petitioner for being transferred, thus the authorities are under obligation to consider the claim and to pass orders in black and white. Learned Standing Counsel has invited attention of the Court towards para-18 of the petition so as to contend that the writ petitioner came to be promoted from the post of Junior Assistant to Senior Assistant and thus, it might be a ground for not transferring the writ petitioner.

9. To such an argument, learned counsel for the writ petitioner submits that once the writ petitioner is transferred, then he would lose his seniority and 4 WRIA No. 15207 of 2025 shall be placed at the bottom of the seniority.

10. Be that as it may, looking into the over all facts situation, and since the claim of the writ petitioner has not been considered, thus the writ petition stands disposed of requiring the second respondent no.2/ Ayukt Avam Sachiv Board of Revenue, U.P. Anubhag-12, Lucknow to decide the claim of the writ petitioner within a period of six weeks from the date of production of certified copy of the order.

11. For facilitation and early disposal, the writ petitioner shall file a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order by 17.10.2025. October 9, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad

1. Heard Sri Devottam Pandey, learned counsel for the writ petitioner and Sri Gaurav Singh, learned Standing Counsel for the State.

2. The case of the writ petitioner is that the writ petitioner had earlier approached this Court while filing Writ-A No.13296 of 2024, Mohd. Alam Qadri vs. State of U.P., in which on 31.08.2024, the following orders were passed:- "The case of the petitioner is that he seeks transfer from Collectorate, Basti to the Collectorate, Moradabad. The Collector, Basti has recommended the petitioner's case vide his Memo dated 21.06.2024. The Moradabad Collector too has given his no objection subject to fulfillment of three conditions indicated in the order dated

24.06.2024 passed by the Additional District Magistrate, Administration, Moradabad on behalf of the Collector, Moradabad. Let an affidavit be filed by the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow indicating why the petitioner's case has not been considered. The affidavit shall be filed on or before 20.09.2024. Lay as fresh on 20.09.2024. Let this order be communicated to the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow through the Chief Judicial Magistrate, Lucknow by the Registrar (Compliance) by Monday next."

3. Thereafter on 20.09.2024, the Court proceeded to pass the following orders:- "On 31.08.2024, we passed the following order: "The case of the petitioner is that he seeks transfer from Collectorate, Basti to the Collectorate, Moradabad. The Collector, Basti has recommended the petitioner's case vide his Memo dated 21.06.2024. The Moradabad Collector too has given his no 2 WRIA No. 15207 of 2025 objection subject to fulfillment of three conditions indicated in the order dated

24.06.2024 passed by the Additional District Magistrate, Administration, Moradabad on behalf of the Collector, Moradabad. Let an affidavit be filed by the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow indicating why the petitioner's case has not been considered. The affidavit shall be filed on or before 20.09.2024. Lay as fresh on 20.09.2024. Let this order be communicated to the Commissioner and Secretary, Board of Revenue, U.P. at Lucknow through the Chief Judicial Magistrate, Lucknow by the Registrar (Compliance) by Monday next." In compliance, the Commissioner & Secretary, Board of Revenue, U.P., Lucknow has filed her own affidavit in Court today. It is taken on record. Let it be numbered by the office. In paragraph no. 10 of the aforesaid affidavit, the following stand has been taken: "10. That the deponent further most respectfully submits that since the time of transfer sessions 2024-25 has already expired on 30-06-2024, therefore, in compliance with order dated 20-08-2024 passed by this Hon'ble Court in Writ-A No. 10776 of 2024(Smt. Karishma Hidayat Vs. State of U.P. and others) and on the basis of No Objections provided by the District Magistrate of the concerned districts, the deponent-Commissioner & Secretary, Board of Revenue, U.P. Lucknow vide letter dated 13-09-2024 referred the matters of transfer to the Principal Secretary, Rajaswa Anubhag- 4, Government of U.P., Lucknow for decision at the level of State Government. Copy of letter dated 13-09-2024 issued by the deponent- Commissioner & Secretary, Board of Revenue, U.P. Lucknow is being annexed herewith and is marked as Annexure No.CA-3 to this counter affidavit." Let the Principal Secretary, Revenue, Government of U.P., Lucknow pass necessary orders in the matter in order to ensure compliance with this Court's order dated

31.08.2024 within a week. Lay as fresh on 27.09.2024. By the said date, the Principal Secretary, Revenue, Government of U.P., Lucknow will also file his own affidavit and a further affidavit shall be filed in the matter by the Commissioner & Secretary, Board of Revenue, U.P., Lucknow. Let this order be communicated to the Principal Secretary, Revenue, Government of U.P., Lucknow and the Commissioner & Secretary, Board of Revenue, U.P., Lucknow through the Chief Judicial Magistrate, Lucknow by the Registrar (Compliance) within 24 hours."

4. Ultimately, the said writ petition came to be disposed of on 15.01.2025, orders whereof are as under:- "1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Learned counsel for the petitioner submits that controversy involved in the present 3 WRIA No. 15207 of 2025 petition is squarely covered with the judgement of this Court passed in Writ A No. 14257 of 2024 (Shivendra Tripathi vs. State of U.P. & others, which was disposed of vide order dated 7.1.2025, therefore, this petition may also be disposed of on the same terms and condition.

3. Learned Standing Counsel for the State-respondents has not disputed the aforesaid facts.

4. Accordingly, the writ petition is also disposed of in terms of order dated 7.1.2025 passed in Writ A No. 14257 of 2024 with liberty to petitioner to file fresh application for transfer before the respondent-authorities. In case any such application is filed, same shall be considered sympathetically in the next transfer session as mentioned in order dated 30.9.2024."

5. Learned counsel for the writ petitioner submits that in pursuance of the order dated 15.01.2025, passed in Writ-A No. 13296 of 2024, Mohd. Alam Qadri vs. State of U.P, the petitioner preferred a representation seeking transfer from Basti to Moradabad on 17.03.2025, pursuant whereto a no- objection certificate came to be issued on 30.05.2025 followed by a no objection certificate by District Magistrate, Moradabad on 30.06.2025.

6. Grievance of the writ petitioner is that despite the fact that there happens to be no-objection certificate by the relieving and the accepting authority, but no action whatsoever has been taken despite the fact that there happened to be positive direction in the earlier spell of litigation, whereby the writ petitioner was required to prefer representation in that regard.

7. Prayer in the present writ petition is for a direction to the respondent no.2/ Ayukt Avam Sachiv Board of Revenue, U.P. Anubhag-12, Lucknow to consider the claim of the writ petitioner for being transferred from Basti to Moradabad.

8. Sri Gaurav Singh, learned Standing Counsel submits that though the writ petitioner does not possess an indefeasible right for being transferred, but since it is the claim of the writ petitioner for being transferred, thus the authorities are under obligation to consider the claim and to pass orders in black and white. Learned Standing Counsel has invited attention of the Court towards para-18 of the petition so as to contend that the writ petitioner came to be promoted from the post of Junior Assistant to Senior Assistant and thus, it might be a ground for not transferring the writ petitioner.

9. To such an argument, learned counsel for the writ petitioner submits that once the writ petitioner is transferred, then he would lose his seniority and 4 WRIA No. 15207 of 2025 shall be placed at the bottom of the seniority.

10. Be that as it may, looking into the over all facts situation, and since the claim of the writ petitioner has not been considered, thus the writ petition stands disposed of requiring the second respondent no.2/ Ayukt Avam Sachiv Board of Revenue, U.P. Anubhag-12, Lucknow to decide the claim of the writ petitioner within a period of six weeks from the date of production of certified copy of the order.

11. For facilitation and early disposal, the writ petitioner shall file a comprehensive representation along with self attested copy of the writ petition and the certified copy of the order by 17.10.2025. October 9, 2025 N.S.Rathour (Vikas Budhwar,J.) NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad