SAURABH SRIVASTAVA
Ritu Tomer – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, Sri Amit Shukla, learned counsel appearing on behalf of the respondent nos.2 and 3 and the learned Standing Counsel for the respondent no.1.
2. The present petition has been filed seeking a direction in the nature of mandamus to be issued in favour of the respondents to consider sympathetically the posting of the petitioner to any Primary School in her home district i.e. Shamli.
3. It is the case of the petitioner that she was appointed as an Assistant Teacher in Primary School Pachpera, Block Puranpur, District Pilibhit vide appointment letter dated 30.11.2015. She has been serving since more than 7 years in rural area and the Government Order has prescribed condition of three years of service for inter-district transfer of Assistant Teacher and as such, she had submitted her transfer application in the year 2017-18. The petitioner has also moved several representations for transfer from Pilibhit to Shamli which are still pending to be decided.
4. Learned counsel appearing on behalf of the respondent nos.2 and 3 vehemently opposed the prayer as made in the petition and argued that transfer is not the right of the petitioner.
5. Tr
Transfer decisions are within the authority of the employer and not for the employee to insist on or challenge.
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