UPTET SARKARI NAUKRI News - Teacher Not Transferred According to Transfer Rules, Court gave relief to consider representation of petitioner -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 42652 of 2015
Petitioner :- Neha Sahu
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Jayant Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner is working as Assistant Teacher in Rajkiya Balika Inter College, Lalitpur. She is challenging the transfer order dated 28.6.2015 and the consequential order dated 9.7.2015 whereby she has been transferred from Rajkiya Balika Inter College, Lalitpur to Rajkiya High School Puravirdha, Lalitpur.
The transfer has been affected within the district of Lalitpur. A perusal of the order dated 9.7.2015 indicates that the same has been done for administrative reasons. The submission of the learned counsel for the petitioner is that the petitioner is a handicapped lady with 40% locomotive disability. In paragraph 16 of the writ petition it has been stated that the school where the transfer has been transferred is about 70 Kms. from her house and there is no direct transport facility.
A perusal of paragraphs 5 to 9 of the writ petition indicates that there had been some enquiry regarding Board Examination, 2015 in which the petitioner was appointed as Assistant in the examination of Mathematics and Home Science. Further submission is that the petitioner being a handicapped person is exempted from general transfer policy.
A perusal of the record indicates that the transfer order of the petitioner is not covered by the general transfer policy and has been affected for administrative reasons which are reflected from the record of the writ petition. In such view of the matter, it would be appropriate that the grievance of the petitioner is considered by the respondent no. 2, the Joint Director of Education, Jhansi Division, Jhansi.
Therefore, without going into the merits of the claim of the petitioner, it is directed that the respondent no. 2 shall consider and decide the representation of the petitioner, in accordance with law, preferably within a period of one month from the date of production of a certified copy of this order.
Till the disposal of the representation by the respondent no. 2, the operation and effect of the transfer order dated 28.6.2015 and the consequential order dated 9.7.2015 shall remain in abeyance.
The petitioner is directed to serve a certified copy of this order on the respondent no. 2 within ten days from today alongwith a fresh representation.
In case the certified copy of this order is not served on the respondent no. 2 within ten days, the interim protection granted by this Court shall stand automatically withdrawn.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the respondent no. 2 himself on its own merit without being influenced by any observation made in this order.
This writ petition is, accordingly, disposed of. No order as to costs.
Order Date :- 5.8.2015
p.s.
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?Court No. - 7
Case :- WRIT - A No. - 42652 of 2015
Petitioner :- Neha Sahu
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Jayant Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner is working as Assistant Teacher in Rajkiya Balika Inter College, Lalitpur. She is challenging the transfer order dated 28.6.2015 and the consequential order dated 9.7.2015 whereby she has been transferred from Rajkiya Balika Inter College, Lalitpur to Rajkiya High School Puravirdha, Lalitpur.
The transfer has been affected within the district of Lalitpur. A perusal of the order dated 9.7.2015 indicates that the same has been done for administrative reasons. The submission of the learned counsel for the petitioner is that the petitioner is a handicapped lady with 40% locomotive disability. In paragraph 16 of the writ petition it has been stated that the school where the transfer has been transferred is about 70 Kms. from her house and there is no direct transport facility.
A perusal of paragraphs 5 to 9 of the writ petition indicates that there had been some enquiry regarding Board Examination, 2015 in which the petitioner was appointed as Assistant in the examination of Mathematics and Home Science. Further submission is that the petitioner being a handicapped person is exempted from general transfer policy.
A perusal of the record indicates that the transfer order of the petitioner is not covered by the general transfer policy and has been affected for administrative reasons which are reflected from the record of the writ petition. In such view of the matter, it would be appropriate that the grievance of the petitioner is considered by the respondent no. 2, the Joint Director of Education, Jhansi Division, Jhansi.
Therefore, without going into the merits of the claim of the petitioner, it is directed that the respondent no. 2 shall consider and decide the representation of the petitioner, in accordance with law, preferably within a period of one month from the date of production of a certified copy of this order.
Till the disposal of the representation by the respondent no. 2, the operation and effect of the transfer order dated 28.6.2015 and the consequential order dated 9.7.2015 shall remain in abeyance.
The petitioner is directed to serve a certified copy of this order on the respondent no. 2 within ten days from today alongwith a fresh representation.
In case the certified copy of this order is not served on the respondent no. 2 within ten days, the interim protection granted by this Court shall stand automatically withdrawn.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the respondent no. 2 himself on its own merit without being influenced by any observation made in this order.
This writ petition is, accordingly, disposed of. No order as to costs.
Order Date :- 5.8.2015
p.s.
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
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