Transfer of Government Servants Is Administrative Matter, Courts Can’t Interfere: Allahabad High Court

The Allahabad High Court recently dismissed a writ petition seeking the transfer of an Assistant Development Officer (Panchayat) from Unnao district, holding that transfer of government servants falls within the exclusive administrative domain of the State and cannot be enforced through court directions merely on the basis of executive transfer policies.

The petition was filed by Ful Chandra, who alleged that Respondent No. 6, a government officer posted in Block Safipur, Unnao district, had remained in the same district for nearly three decades and had misused his prolonged posting to indulge in embezzlement of government funds meant for village development works. The petitioner sought directions to enforce the Uttar Pradesh government’s transfer policy dated May 6, 2025, and to shift the officer out of the district.

According to the petitioner, Respondent No. 6 was initially appointed as a Village Development Officer in Safipur block in February 1997. He was promoted to the post of Assistant Development Officer (Panchayat) in July 2021 and briefly transferred to Asoha block before being reposted to Safipur in May 2022. The petitioner contended that despite repeated complaints by villagers and representations to senior officials, no action had been taken against the officer, warranting judicial intervention.

The petitioner relied heavily on the State’s transfer policy for 2025–26, which provides that government servants who have completed more than seven years in a district should ordinarily be transferred. It was argued that the continued posting of the officer in Unnao violated the policy and facilitated misuse of public funds.

Opposing the plea, the State government submitted that the petition was not maintainable as the petitioner had failed to demonstrate any personal or legal injury caused to him by the officer’s posting. The Standing Counsel argued that transfer and posting decisions are administrative matters, to be taken by the government based on public interest and administrative exigencies.

The State further pointed out that for a substantial period, the officer held a block-level post, and his continued posting in Safipur was consistent with the cadre structure. It was also argued that transfer policies issued annually by the government serve only as guidelines for administrative authorities and do not create enforceable legal rights.

After hearing both sides, the division bench of Justices Shekhar B. Saraf and Manjive Shukla observed that the transfer of a government servant lies squarely within the administrative discretion of the State. While complaints against an officer could be examined by competent authorities, a third party with no personal grievance could not invoke the writ jurisdiction of the court to seek transfer of an employee.

The court relied on settled Supreme Court precedents to reiterate that courts cannot interfere in transfer matters unless the order is vitiated by malafides or violates a statutory provision. The bench also held that even if a transfer policy is breached, it does not by itself confer a legally enforceable right capable of being enforced through a writ petition.

The judges underscored that transfer policies are intended to guide administrative decision-making and cannot be treated as binding mandates subject to judicial enforcement. Allowing courts to issue directions for transfers, the bench noted, would result in undue interference in day-to-day administration.

Finding no merit in the petitioner’s claims, the high court dismissed the writ petition, declining to issue any direction to the State authorities for the transfer of Respondent No. 6. Court left it open to the government to consider complaints in accordance with law but made it clear that judicial intervention in such matters would remain limited.

Case Title: Ful Chandra vs. State Of U.P. Thru. Addl. Chief Secy. Panchayat Raj Lko. And 5 Others

Order Date: January 7, 2026

Bench: Justices Shekhar B. Saraf and Manjive Shukla