Court Case Regarding Transfer of Basic School Teacher in UP

Court Case Regarding Transfer of Basic School Teacher in UP

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1
Case :- WRIT - A No. - 48448 of 2013
Petitioner :- Om Prakash Singh And 15 Ors.
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Kailash Nath Singh
Counsel for Respondent :- C.S.C.,A.K.Yadav
Hon'ble V.K. Shukla,J.
Grievance of petitioners is that there are various incumbents, who have not completed three years of service, and in spite of the same their application for inter district transfer has been allowed and, they have been accorded placement. Petitioners submit that similar treatment is liable to be extended to them.
This Court proceeds to mention that by introducing 15th amendment, Rule 21 of the 1981 has been re-amended, providing for authority of inter district transfer with the concurrence of Board Thereafter, Secretary, Board of Basic Education U.P. at Allahabad on 27.5.2013 has circulated policy decision, and as per the same, incumbents, who have not completed three years of service, are not entitled for apply inter district transfer. In view of this, once Board of Basic Education, U.P. at Allahabad has formulated policy, then they are duty bound to ensure compliance of the same and remedy the situation, inasmuch as Board cannot be permitted to apply pick and chose policy. As far as this Court is concerned, this Court cannot come to the rescue of the petitioners.
Consequently, in the facts of the case, liberty is given to the petitioners to make representation giving therein full detail of all these incumbents, who have not completed three years of service and even then have been transferred in inter district transfer within three weeks from today before the Secretary, Basic Shiksha Parishad, who shall take appropriate decision on the same, in accordance with law, preferably within period of next two months from the date or production of certified copy of this order.
With these observations, writ petition is disposed of.
Order Date :- 16.9.2013
T.S.

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2798670

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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 1

Case :- WRIT - A No. - 54083 of 2013

Petitioner :- Jai Prakash Singh
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- Abhishek Yadav,J.B.Singh
Counsel for Respondent :- C.S.C.,Mrigraj Singh

Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Mrigraj Singh, learned counsel representing the respondent nos.2 and 3.

By the impugned order dated 29.7.2013 the petitioner has been transferred from Primary School at Setapur, Block Badlapur, District Jaunpur to Junior High School Kathar, Block Maharajganj, District Jaunpur on the same post and the same pay scale. It is not in issue that the post held by the petitioner is transferable post. Petitioner has sought to rely upon a Government Order dated 13.5.2013, Clause 18 of which provides that the transfers with effect from 1.7.2013 to 28.2.2014 would be effected only after the sanction of the Secretary, Basic Education Board. Based upon the said provision, it has been submitted that as no permission has been taken from the Secretary the transfer of the petitioner is not in accordance with law.
Sri Mrigraj Singh, learned counsel appearing for the Basic Shiksha Adhikari and the Secretary, Basic Shiksha Parishad has placed before the court the subsequent order dated 8.8.2013 issued by the Principal Secretary to the effect that the date has since been extended till 20.8.2013 as such transfer of the petitioner made on 29.7.2013 did not require any permission from the Secretary.
The other argument raised by the petitioner that there is no other teacher in the institution, is for the Board to consider and the petitioner cannot resist his transfer on that ground.

Petition lacks merit and is accordingly dismissed.
Order Date :- 3.10.2013
pk

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2857955
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HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 40

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4925 of 2013

Applicant :- Jitendra Kumar
Opposite Party :- Sri Sanjay Sinha, Secry.Basic Education Board
Counsel for Applicant :- S.K. Shukla

Hon'ble Krishna Murari, J.
Writ petition no. 39028 of 2013 filed by the applicant raising grievance that� though� incumbents junior to him have been transferred and his name has been left out was disposed of vide order dated 22.07.2013 giving him liberty to represent his claim before the opposite party with further direction to the opposite party to consider and decide the same, preferably, within a period of eight weeks from the date of production of a certified copy of order.
According to the pleadings, certified copy of the order was sent to the opposite party along with representation by registered post on 24.07.2013 but till date, no decision has been taken, even though� time granted by the Court has expired.
Prima facie, the opposite party appears to� have willfully flouted the order passed by this Court and is liable to be prosecuted and punished for contempt after framing of charges.
However, the Court in its magnanimity, allows one more opportunity to the opposite party� to comply with the order dated � 22.07.2013 � by this Court in � Writ Petition No. 39028 of 2013 within a period of two months positively, from the date of production of a certified copy of this order, failing which, he may be liable to be� summoned and prosecuted after framing of charges.
The contempt application, accordingly, stands disposed of.
Order Date :- 8.10.2013
Dcs

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2860818
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 20

Case :- SERVICE SINGLE No. - 5966 of 2013

Petitioner :- Smt. Madhubala Mishra
Respondent :- State Of U.P. Through Prin. Secy. Basic Edu. Lko. & Ors.
Counsel for Petitioner :- Rakesh Kumar,Atish Agarwal
Counsel for Respondent :- C.S.C.,Jyoti Sikka

Hon'ble Devendra Kumar Arora,J.
By means of present writ petition, the petitioner is challenging the transfer order dated 31.07.2013 passed by District Basic Education Officer, Unnao.
Submission of learned counsel for the petitioner is that petitioner is suffering from Rheumatoid Arthritis, which is an incurable disease.� It is also submitted that as per Government� Order� dated 13.05.2013, the person who is suffering from incurable disease can be transferred only after approval of Medical Board, but petitioner without the recommendation of Medical Board has been transferred.�
Mrs. Jyoti Sikka, learned counsel for District Basic Education Officer, Unnao while opposing the writ petition submits that the petitioner has been transferred on administrative ground.� She further submits that there were complaints against the petitioner of not attending the Institution regularly.�
List this case on 09.10.2013.
On the date fixed, learned counsel for Basic Education Officer, Unnao will produce the record on the basis of which impugned order has been passed including attendance register of the petitioner.
Order Date :- 5.10.2013
Tanveer/

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2844264