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 inte