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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR BIRLA, YOGENDRA KUMAR SRIVASTAVA
Naveen Kamal Srivastava – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Yogendra Kumar Srivastava, J.)
Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddharth Khare, learned counsel appearing for the Appellants, Ms. Archana Singh, learned counsel who has put in appearance on behalf of Respondent Nos. 3 and 4 as well as Sri Tej Bhanu Pandey, learned Standing Counsel for the State-Respondent Nos. 1 and 2.
2. The instant appeal is listed alongwith Special Appeal No. 998 of 2024 (Manoj Kumar and another v. State of U.P. and others); however, since the appeals have been argued independently, the same are being decided by separate orders.
3. The present intra-Court appeal is directed against the judgment and order dated 5.1.2024, passed by a learned Single Judge, in Writ-A No. 20779 of 2023 [Naveen Kamal Srivastava and 2 others v. State of U.P. and others], praying for modification of the judgment and order and to allow the writ petition in toto with a further prayer for a direction that the petitioner-appellants would be entitled to avail all benefits flowing from sanction orders dated 26.6.2023 sanctioning their transfers.
4. The records of the case before us indicates that the writ petition had been filed praying for quashing of
The court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
Transfer orders must comply with established policies, especially regarding employees nearing retirement, and cannot be influenced by political interference.
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
Transfer orders affecting educators mid-academic year violate principles of good governance and arbitrariness, warranting judicial intervention.
The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.
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