In Special Circumstances, 5 year rule relaxed in case of ladies, And they will be considered for posting at Huasband's place -
that in normal circumstances the teachers will not be considered for inter district transfer for five years, but in special circumstances and in case of ladies, their application for transfer to the place of their husbands/inter district transfer will be considered.
?Court No. - 23
Case :- SERVICE SINGLE No. - 126 of 2011
Petitioner :- Smt. Sujata Rani W/O Mahak Singh
Respondent :- State Of U.P. Thru Secretary Basic Education & Ors.
Petitioner Counsel :- Devendra Singh
Respondent Counsel :- C.S.C.,J.P. Maurya
Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties.
By means of present writ petition, the petitioner is seeking a writ in the nature of mandamus for commanding opposite party no. 3 to take a decision on the recommendation sent by the opposite party no. 2 on 9.7.2010 with respect to transfer of the petitioner from Shahjahanpur to Muzaffar Nagar.
The submission of� learned counsel for the petitioner is that the petitioner was appointed on the post of Assistant Teacher on 11.07.2009 and presently posted at Shahjahanpur. The marriage of the petitioner was solemnized with Shri Mahak Singh, who is resident of District Muzaffar Nagar. � The petitioner after her marriage moved an application for her transfer from Shahjahanpur to Muzaffar Nagar on 17.4.2010 before Zila Basic Shiksha Adhikari, Shahjahanpur and he� recommended for transferring the petitioner from Shahjahanpur to Muzaffar Nagar and after no objection, the matter was referred to Sachiv Basic Shiksha Parishad, Allahabad.� Sachiv Basic Shiksha Parishad, Allahabad forwarded the matter of the petitioner to the State Government vide letter dated 6th August, 2010.� The grievance of the petitioner is that opposite parties are sitting tight over the recommendation of Sachiv Basic Shiksha Parishad, Allahabad and have not taken any decision.� Further submission of� learned counsel for the petitioner is that Uttar Pradesh Basic Education (Teachers) (Postings) (First Amendment) Rules, 2010 (herein referred to as the 'first amendment Rule, 2010') provides that in normal circumstances the teachers will not be considered for inter district transfer for five years, but in special circumstances and in case of ladies, their application for transfer to the place of their husbands/inter district transfer will be considered.� Since the husband of the petitioner is resident of district Muzaffar Nagar, therefore, the application of the petitioner is liable to be considered in pursuance to provisions of First Amendment Rule, 2010.
The precise prayer of� learned counsel for the petitioner is that direction be issued to State Government to consider and decide the issue of transfer of the petitioner in pursuance to the recommendation dated 9.7.2010 (Annexure No. 6 to the writ petition).
Learned Standing Counsel has no objection to this prayer of learned counsel for the petitioner.
In view of the above, without entering into the merits of the case,� the present petition is disposed of finally with a direction to Secretary Basic Education, Government� of U.P. to consider and take decision with respect to transfer of the petitioner from� Shahjahanpur to Muzaffar Nagar in pursuance to the recommendation sent by Sachiv Basic Shiksha Parishad, Allahabad (Annexure No. 6 to the writ petition)� taking into consideration Uttar Pradesh Basic Education (Teachers) (Postings) (First Amendment) Rules, 2010� within a period of six weeks from the date of receipt of a certified copy of this order and the decision so taken be also communicated to the petitioner.�
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 12.1.2011
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