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ALLAHABAD HIGH COURT
RAJEEV SINGH, J.
Anuradha - Petitioner
Versus
State of U.P. and Others - Respondents
Civil Misc. Writ Petition No. 10811 of 2022
Decided On : 16-02-2023
Transfer - Education - U.P. Basic Education (Teacher Posting Rules, 2008) - The court interpreted the provisions regarding inter-district transfers, emphasizing the necessity of considering personal circumstances, such as health issues, in transfer requests, leading to the quashing of the impugned orders.
Fact of the Case:
The petitioner, a teacher, sought to transfer from Gorakhpur to Barabanki due to her husband's illness. Despite being granted a transfer, her relieving order was recalled, prompting her to challenge the decision in court.
Finding of the Court:
The court found that the petitioner was entitled to the transfer based on her husband's health condition, which was not adequately considered by the authorities, leading to the quashing of the impugned orders.
Issues: Whether the denial of the petitioner's transfer request based on her husband's illness was justified under the applicable rules.
Ratio Decidendi: The court held that personal circumstances, particularly health issues, must be considered in transfer applications, and the authorities failed to do so in this case.
Result: The court allowed the writ petition and quashed the impugned orders, directing the petitioner to be reinstated in Barabanki.
JUDGMENT :
(Rajeev Singh, J.) :
Heard Shri N.K. Sharma, learned counsel for the petitioner, Mrs. Archana Singh, learned counsel for the respondent No.2 and Shri Prashant Kumar Mishra, learned Standing Counsel for the State.
2. The present petition is filed with the following prayer :
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 4 to relieve the petitioner from District Gorakhpur.
(c) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to join in district Barabanki on the post of Head Mistress in Primary School run by Basic Education Board as per her transfer order dated 31.12.2020 and relieving order dated 31.8.2021.
3. Learned counsel for the petitioner submitted that petitioner was appointed on the post of Assistant Teacher in Primary School, Bhasiya Khalilabad, District Sant Kabir Nagar, vide appointment letter dated 24.12.2005, and thereafter, she was promoted on the post of Assistant Teacher in Senior Basic School on 23.1.2010 and she joined in Upper Primary School, Daridiha, Block-Semriyaya, District-Sant Kabir Nagar.
4. Learned counsel for the petitioner submitted that on the request of the petitioner, she was transferred from Santkabir Nagar to Gorakhpur, and thereafter, order was passed by District Basic Education Officer, Gorakhpur/respondent No. 4 on 4.10.2023 and petitioner was allowed to join in Upper Primary School on 5.10.2012. Later on, petitioner was directed to join as Head Mistress in Primary School, Ayodhyachak, Block Sardarnagar, District Gorakhpur and she joined on 16.1.2014.
5. Learned counsel for the petitioner submitted that husband of the petitioner was working on the post of Messenger in U.P. Police Telecom Department in District Barabanki and he was fallen ill due to chronic liver failure and his treatment was going on in SGPGI, Lucknow. Thereafter, she requested for inter district transfer and opted District Lucknow or near by place, which was considered in accordance with provision of U.P. Basic Education (Teacher Posting Rules, 2008) and transferred to District Barabanki, but respondent No. 4 denied to relieve her, then she filed Writ Petition No. 3633 of 2021, which was allowed by quashing the order of respondent No. 4, dated 6.2.2021 and concerned authority was directed to revisit the issue. In compliance of the order dated 4.8.2021, fresh representation was moved before the respondent No. 4, who passed the relieving order on 31.8.2021 and petitioner relieved to join District Barabanki and she approached to respondent No. 5 (District Basic Education Officer, Barabanki) and requested for her joining by way of written application, dated 6.9.2021. Thereafter, letter dated 9.9.2021 was written by the respondent No. 5 to respondent No. 2 and asked necessary instructions in relation to joining of the petitioner in District Barabanki. In the meantime, respondent No. 4 (District Basic Education Officer, Gorakhpur) recalled the relieving order of the petitioner, dated 3.9.2021 and directed to join her services in her earlier school in District Gorakhpur. Again, petitioner approached before this Court by filing Contempt Application Civil No. 5695 of 2021. In the meantime, order dated 24.1.2022 and 18.2.2022 have been passed by Secretary, U.P. Basic Education Board, Prayagraj as well as District Basic Education Officer, Gorakhpur.
6. Learned counsel for the petitioner submitted that earlier, District Basic Education Officer, Gorakhpur had passed the order dated 6.2.2021 on the ground that second request for inter district transfer was not permissible, but the order dated 6.2.2021 was set aside by this Co
The court established that personal health circumstances should be a valid consideration in inter-district teacher transfer requests.
The court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
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