WRIA/14814/2026 of RAM PRAKASH BHARTI Vs STATE OF U.P. AND 2 OTHERS on 22 September 2026

1. Heard Shri Seemant Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

3. The instant petition has been filed with the following main relief:- "I. Issue a writ, order or direction in the nature of certiorari quashing the impugned office order dated 28.06.2024 passed by the Director, Administration and Development/Head of Department, Animal Husbandry Department, U.P., Lucknow whereby petitioner has been transferred from the post of Veterinary Officer, Government Veterinary Hospital, Shikarganj, Chandauli to the post of Veterinary Officer, Government Veterinary Hospital Belghat, Gorakhpur and also the impugned relieving order dated 29.05.2026 passed by Director, Administration and Development/Head of Department, Animal Husbandry Department, U.P., Lucknow only to an extent of petitioner at serial No. 9 whereby petitioner has been directed to be relieved from the post of Veterinary Officer, Government Veterinary Hospital, Shikarganj, Chandauli to the post of Veterinary Officer, Government Veterinary Hospital Belghat, Gorakhpur by stopping the payment of salary to the petitioner and ensure the payment of salary to the petitioner from the new place of posting.

II. Issue a writ, order or direction in the nature of mandamus directing the respondents not to compel the petitioner to be relieved from his present place of posting i.e., Veterinary Officer, Government Veterinary Versus Counsel for Petitioner(s) : Seemant Singh Counsel for Respondent(s) : C.S.C. Ram Prakash Bharti .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)

Hospital, Shikarganj, Chandauli to Veterinary Officer, Government Veterinary Hospital Belghat, Gorakhpur.

III. Issue a writ, order or direction in the nature of mandamus directing the respondents to keep the petitioner posted at his present place of posting i.e., Veterinary Officer, Government Veterinary Hospital, Shikarganj, Chandauli with the regular payment of salary along with the payment of the arrears of salary from the month of June, July and August."

4. It has been submitted by learned counsel for the petitioner that the petitioner is the veterinary doctor and presently posted as Veterinary Officer at Animal Hospitals situated in District Chandauli. He after was transferred on 28.06.2024 but not relieved, thereafter suddenly almost two years the petitioner relieved by means of the order dated 29.05.2026.

5. Learned counsel for the petitioner further submitted that the transfer is exigency of service and normally transfer is made year to year basis and therefore after about two years there is no occasion to relieve the petitioner. In support of his contention learned counsel for the petitioners has relied upon a judgment of the Coordinate Bench of this Court passed in Writ Petition No. 15148 of 2016 (S/S) as well as in Writ A No. 7263 of 2025, wherein this Court observed the person cannot be allowed to relieve after a quite long time, however, it is always open for the concerned Authority to pass fresh transfer order.

6. Per contra learned Standing Counsel has submitted that if any transfer is made from this District, the transferee can be relieved only after joining the incumbent of the transferee. This fact has also been mentioned in the Transfer Policy 2026-27.

7. Considering the aforesaid submissions and perusal of the record, the Court is of the view that the transfer is exigency of service, if the petitioner is not relieved for almost two years, then it will not be appropriate to relieve them after two years from the date of transfer.

8. Therefore, it would be appropriate that fresh transfer order be passed considering the option of the petitioner. Therefore taking into account the WRIA No. 14814 of 2026

order passed by the Coordinate Bench in Writ Petition No. 15148 of 2016 (S/S) and Writ A No. 7263 of 2025 the impugned relieving order dated 29.05.2026 is hereby set aside and the concerned Authority is at liberty to pass fresh transfer order and in case fresh transfer order is passed the petitioner will join at the new place of posting.

9. With the aforesaid observations, the present writ petition is disposed of. September 23, 2026 Ved Prakash WRIA No. 14814 of 2026

(Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad