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2008 Supreme(All) 2099

SUDHIR AGARWAL, JANARDAN SAHAI
AMITA SINHA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ashok Khare and Siddharth Khare for the Appellants; Smt. Asha Singh and A.K. Yadav for the Commission ; R.K. Ojha and S.C. for Respondents.

JUDGMENT

By the Court.—The dispute in this appeal is between the appellant Smt. Amita Sinha who was transferred on a vacant post of Assistant Teacher to Indian Girls Inter College, Allahabad and respondent No. 6 Smt. Asha Singh who is a candidate selected by the U.P. Secondary Education Services Selection Board and was empanelled for appointment as Assistant Teacher in that College against the same vacancy.

2. It appears that the appellant had made an application dated 6.7.2005 to the Additional Director of Education for her transfer from Bapu Balika Inter College, Faizabad, where she had been working, to the Indian Girls Inter College, Allahabad. The committee of management of Bapu Balika Inter College, Faizabad gave no objection to the appellant’s request for transfer on 17.5.2005. The committee of management, Indian Girls Inter College, Allahabad also gave its consent on 27.6.2005. The request was also accepted by the educational authorities and an order of transfer of the appellant was passed on 8.5.2006 by the Additional Director of Education pursuant to which the appellant joined as a Teacher in Indian Girls Inter College, Allahabad on 27.5.2006. Before this process of transfer



















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