Court No. - 4

Case :- WRIT - A No. - 14917 of 2020

Petitioner :- Pramila Bharti

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Shailesh Kumar Tripathi

Counsel for Respondent :- C.S.C.,Archana Singh,Arun Kumar

Hon'ble Rajeev Singh,J.

Heard learned counsel for the parties.

The petitioner herein is an Assistant Teacher working in

Primary School Bari, Block Pratappur, District Prayagraj. She

applied for transfer from District Prayagraj to District Varanasi

as her husband has deserted her since 2015 and her divorce case

is pending in Family Court Varanasi. Parents of the petitioners

are very old and no one lives with them to look after. Living

with her parents will facilitate proper look after her parents and

also allow her to discharge her duties as Assistant Teacher.

Learned counsel for the petitioner relies upon Rule 8(2)(d) of

the Uttar Pradesh Basic Education (Teachers)(Posting) Rules,

2008 [in short 'the Rules, 2008'] which permits such inter-

departmental transfers of women teachers in special

circumstances at the place of residence of their husband or in-

law's, which reads as under:-

"8(2)(d) In normal circumstances the applications for inter-

district transfers in respect of male and female teachers will not

be entertained within five years of their posting. But under

special circumstances, applications for inter-district transfers

in respect of female teachers would be entertained to the place

of residence of their husband or in law's district."

Ms. Acrchana Singh, learned counsel for opposite party nos.2

and 3 says that no policy has been framed by the Government

as yet in this regard.

The contention is misconceived. The implementation of the

provision in Rule-8(2)(d) is not dependent upon framing of any

policy. This is not to say that the concerned cannot frame a

policy but to say that if the Government does not frame any

policy, it does not mean that Rule-8(2)(d) of the Rules, 2008

can't be given effect. The Rules have been made under the

Basic Education Act, 1972. There is nothing in the Rules to

suggest that any policy is required to be framed under Rule-8(2)

(d) of the Rules, 2008 and only then such transfers can be made.

The transferring authority, as informed by Ms. Archana Singh,

learned counsel for opposite party nos.2 and 3, is the Secretary,

Basic Education Board because it is an inter-departmental

transfer.

In view of the aforesaid, let opposite party no.2 consider the

request of the petitioner of transfer from Prayagraj to Varanasi

keeping in mind the facts of the case and the object sought to be

achieved by Rule-8(2)(d) of the Rules, 2008. The application

shall not be rejected on the ground that there is no policy

framed in this regard for the reasons already mentioned

hereinabove.

With these observations/ directions, the writ petition is

disposed of.

Order Date :- 4.1.2023

Gaurav

Digitally signed by :-

GAURAV PAL

High Court of Judicature at Allahabad