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2023 Supreme(All) 729

ASHWANI KUMAR MISHRA, ASHUTOSH SRIVASTAVA
Kul Bhushan Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Satyendra Chandra Tripathi.
For the Respondent: C.S.C, Bipin Bihari Pandey.

JUDGMENT :

1. Petitioners in the present writ are Assistant Teacher working in Primary Institution run by the District Basic Education Board. Petitioner No. 1 was appointed by District Basic Education Officer, Kaushambi on 10.3.2019 and is posted in Block Nevada, District Kaushambi. Petitioner No. 2 is appointed as Assistant Teacher in Block Dhanupur, District Prayagraj. Petitioner No. 1 claims to be a resident of District Prayagraj; where petitioner no. 2 is a resident of District Fatehpur. Both the petitioners are desirous of seeking inter-district transfer. They have approached this Court challenging Clause 1 and 15 of the Government Order dated 2.6.2023 as well as the consequential circular issued by the Secretary, Board of Basic Education, dated 8.6.2023. A further prayer is made to command the respondents to entertain their application for inter-district transfer without imposing condition of five years service in the concerned district and to grant approval to their transfer in accordance with Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as ‘the Rules of 1981).

2. It is not in dispute service conditions of both the petitioners are

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