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IN THE HIGH COURT OF ALLAHABAD
Saurabh Srivastava, J.
Ritu Tomer – Petitioner
Versus
State Of U.P. And Others – Respondents
Writ -A No. - 7531 of 2023
Decided On : 01-05-2023
Transfer - Primary School Posting - The court dismissed the petition seeking a direction for the petitioner's transfer to a primary school in her home district, citing that transfer and posting decisions are within the authority of the concerned body and not for the court to decide. The court referred to the case of Namrata Verma Vs. State of U.P. to support its decision.
Fact of the Case:
The petitioner sought a mandamus to direct the respondents to consider sympathetically her posting to a primary school in her home district, Shamli, after serving for more than 7 years in a rural area in a different district.
Finding of the Court:
The court dismissed the petition, stating that transfer and posting decisions are within the authority of the concerned body and not for the court to decide.
Issues: The issue revolved around the petitioner's request for transfer to a primary school in her home district after serving in a rural area for more than 7 years.
Ratio Decidendi: The court relied on the principle that transfer decisions are at the discretion of the employer and not for the employee to insist on or challenge.
Final Decision: The petition was deemed not maintainable and was dismissed by the court.
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. Transfer and posting are within the domain of the authority concerned and it is for the authority to decide and determine as to where an incumbent is to be posted and as to where his/her services are to be best utilized. The issue of convenience and inconvenience is also be examined by the authority concerned and not by this Court.
6. The Hon'ble Apex Court in the case of Namrata Verma Vs. State of U.P. and others [Special Leave to Appeal (c) No(s).36717 of 2017, decided on 06.09.2021] held that it is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It is for the employer to transfer an employee considering the requirement.
7. In view thereof, the present petition is not maintainable and is hereby dismissed.
Transfer decisions are within the authority of the employer and not for the employee to insist on or challenge.
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