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सिर्फ बेसिक एजुकेशन बोर्ड इलाहबाद को ही रूल 21 1981 नियमावली के तहत इंटर डिस्ट्रिक्ट ट्रांसफर करने का अधिकार है ,
लखनऊ में केस दाखिल करने पर लखनऊ कोर्ट ने उसे प्रिंसिपल बेंच इलाहबाद ट्रांसफर कर दिया
याची शासनादेश 23 जून 2016 के तहत ट्रांसफर चाहता था , लेकिन कोर्ट ने जानकारी मांगी की यह शासनादेश जारी करने से पहले
यू पी बेसिक शिक्षक नियमावली 1981 में संशोधन किया की नहीं |
सहायक शिक्षक का नियुक्ति केडर जिला आधारित है , इंटर डिस्ट्रिक्ट ट्रांसफर रूल 21 (8 ) के तहत 30 अक्टूबर 2011 के बाद नियुक्त होने वालों के लिए नहीं है
बोर्ड को अधिकार है इंटर डिस्ट्रिक्ट ट्रांसफर करने का , स्टेट को नहीं
बेसिक एजुकेशन बोर्ड इलाहबाद को ही रूल 21 1981 नियमावली के तहत इंटर डिस्ट्रिक्ट ट्रांसफर करने का अधिकार है ,
लखनऊ में केस दाखिल करने पर लखनऊ कोर्ट ने उसे प्रिंसिपल बेंच इलाहबाद ट्रांसफर कर दिया
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 26301 of 2016
Petitioner :- Akhilesh Kumar Maurya
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors.
Counsel for Petitioner :- Raj Kumar Upadhyaya (R.K.
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Ashwani Kumar Mishra,J.
Following order was passed on in the present writ petition:-
"List/put up this case on Monday i.e. 07.11.2016 to enable the learned counsel representing the Basic Shiksha Parishad, U.P., Allahabad as also the learned counsel representing the State to seek instructions as to whether before issuing Government Order dated 23.06.2016, the necessary amendments, enabling the inter-district transfers, were made in U.P. Basic Education (Teachers) Service Rules, 1981 or not.
The aforesaid instructions have been directed by the Court to be sought by the learned counsel representing the respondents for the reason that it is not known as to whether Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 was correspondingly amended or not. Rule 21 of the said Rules clearly provides that a teacher working in primary institution run and managed by the Board of Basic Education can seek inter-district transfer in accordance with the procedure given therein. Rule 21 (6) provides that no option given for transfer shall be accepted after the prescribed date i.e. 31.12.2011. Rule 21(8) clearly mentions that the said rule shall not be applicable on the teacher appointed after 30.10.2011.
Thus, unless and until corresponding amendments in Rule 21(6) in respect of cut of date of 31.10.2011 is made, no option seeking inter-district transfer can be accepted. So far as the Government Order dated 23.06.2016 is concerned, the same appears to have been issued for facilitating the process of transfer in terms of the provision contained in Rule 21 of 1981 Rules. The Government Order is referable to Section 13 of the U.P. Basic Education Act, 1972 which provides that Basic Education Board shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of this Act.
It is noteworthy that cadre of assistant teachers working in primary institutions is a district level cadre and on inter-district transfer, cadre of the teacher so transferred gets changed. Such a transfer which ultimately results in change of cadre is legally not permissible unless there exists some enabling provision in the Rules governing service conditions of the employee (which in the present case is U.P. Basic Education (Teachers) Service Rules, 1981).
There is another aspect of the matter which needs consideration in this case on which learned counsel appearing for the petitioner shall address the court on the next date.
The petitioner has sought a writ in the nature of mandamus commanding the State Government i.e. respondent No.1 to consider the case of the petitioner for transfer from district Siddhartha Nagar to some other district in the light of recommendation made on 27.09.2016, by the District Basic Education Officer, Siddhartha Nagar. Under Rule 21 of 1981 Rules, it is the Basic Education Board which is empowered to effect inter-district transfers. Even under the Government Order dated 23.06.2016, it is only the Basic Education Board which has been vested with an authority to effect the inter-district transfers. Neither the Rules of 1981 nor the Basic Education Act and nor even the Government Order dated 23.06.2016 empowers the State Government to make inter-district transfers of the Assistant Teachers. The direction, if at all, to consider the request of the petitioner can be issued only to the Basic Education Board which is situated at Allahabad and any order which may be passed by this court or by the Board at Allahabad is to effect the petitioner at Sidddhartha Nagar.
In these circumstances, learned counsel for the petitioner will explain as to how this petition can be entertained before this court at Lucknow."�
A supplementary affidavit has been filed by the petitioner contending that State Government has passed its order and that even otherwise time limit as per Government Order dated 23.6.2016 has expired. It was only the State Government which could pass the order in the matter.
The submission is opposed by the learned Standing Counsel as well as the counsel appearing for the Board. He has pointed out that under the Service Rules as well as Government order, the consideration of claim for inter-district transfer had to be affected by the Board and not by the State.
I have heard learned counsel for parties and perused the materials on record. Petitioner is posted at Siddharth Nagar. The grievance of the petitioner in the matter relating to non consideration of his inter district transfer is against respondent no.2 and 3, both of which do not situate within the territorial jurisdiction of this Court. No provision has been shown under which transfer could be affected by the State Government. The mere fact that in a particular matter an order was passed by the State Government would not be material inasmuch as petitioner's grievance will have to be considered in the context of relevant service rules and the Government Order.
This petition is accordingly not maintainable before this court due to lack of territorial jurisdiction. Let the registry send record of this writ petition to the Principal Bench at Allahabad.
Order Date :- 5.7.2017
prabhat
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सिर्फ बेसिक एजुकेशन बोर्ड इलाहबाद को ही रूल 21 1981 नियमावली के तहत इंटर डिस्ट्रिक्ट ट्रांसफर करने का अधिकार है ,
लखनऊ में केस दाखिल करने पर लखनऊ कोर्ट ने उसे प्रिंसिपल बेंच इलाहबाद ट्रांसफर कर दिया
याची शासनादेश 23 जून 2016 के तहत ट्रांसफर चाहता था , लेकिन कोर्ट ने जानकारी मांगी की यह शासनादेश जारी करने से पहले
यू पी बेसिक शिक्षक नियमावली 1981 में संशोधन किया की नहीं |
सहायक शिक्षक का नियुक्ति केडर जिला आधारित है , इंटर डिस्ट्रिक्ट ट्रांसफर रूल 21 (8 ) के तहत 30 अक्टूबर 2011 के बाद नियुक्त होने वालों के लिए नहीं है
बोर्ड को अधिकार है इंटर डिस्ट्रिक्ट ट्रांसफर करने का , स्टेट को नहीं
बेसिक एजुकेशन बोर्ड इलाहबाद को ही रूल 21 1981 नियमावली के तहत इंटर डिस्ट्रिक्ट ट्रांसफर करने का अधिकार है ,
लखनऊ में केस दाखिल करने पर लखनऊ कोर्ट ने उसे प्रिंसिपल बेंच इलाहबाद ट्रांसफर कर दिया
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 26301 of 2016
Petitioner :- Akhilesh Kumar Maurya
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors.
Counsel for Petitioner :- Raj Kumar Upadhyaya (R.K.
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Ashwani Kumar Mishra,J.
Following order was passed on in the present writ petition:-
"List/put up this case on Monday i.e. 07.11.2016 to enable the learned counsel representing the Basic Shiksha Parishad, U.P., Allahabad as also the learned counsel representing the State to seek instructions as to whether before issuing Government Order dated 23.06.2016, the necessary amendments, enabling the inter-district transfers, were made in U.P. Basic Education (Teachers) Service Rules, 1981 or not.
The aforesaid instructions have been directed by the Court to be sought by the learned counsel representing the respondents for the reason that it is not known as to whether Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 was correspondingly amended or not. Rule 21 of the said Rules clearly provides that a teacher working in primary institution run and managed by the Board of Basic Education can seek inter-district transfer in accordance with the procedure given therein. Rule 21 (6) provides that no option given for transfer shall be accepted after the prescribed date i.e. 31.12.2011. Rule 21(8) clearly mentions that the said rule shall not be applicable on the teacher appointed after 30.10.2011.
Thus, unless and until corresponding amendments in Rule 21(6) in respect of cut of date of 31.10.2011 is made, no option seeking inter-district transfer can be accepted. So far as the Government Order dated 23.06.2016 is concerned, the same appears to have been issued for facilitating the process of transfer in terms of the provision contained in Rule 21 of 1981 Rules. The Government Order is referable to Section 13 of the U.P. Basic Education Act, 1972 which provides that Basic Education Board shall carry out such directions as may be issued to it from time to time by the State Government for the efficient administration of this Act.
It is noteworthy that cadre of assistant teachers working in primary institutions is a district level cadre and on inter-district transfer, cadre of the teacher so transferred gets changed. Such a transfer which ultimately results in change of cadre is legally not permissible unless there exists some enabling provision in the Rules governing service conditions of the employee (which in the present case is U.P. Basic Education (Teachers) Service Rules, 1981).
There is another aspect of the matter which needs consideration in this case on which learned counsel appearing for the petitioner shall address the court on the next date.
The petitioner has sought a writ in the nature of mandamus commanding the State Government i.e. respondent No.1 to consider the case of the petitioner for transfer from district Siddhartha Nagar to some other district in the light of recommendation made on 27.09.2016, by the District Basic Education Officer, Siddhartha Nagar. Under Rule 21 of 1981 Rules, it is the Basic Education Board which is empowered to effect inter-district transfers. Even under the Government Order dated 23.06.2016, it is only the Basic Education Board which has been vested with an authority to effect the inter-district transfers. Neither the Rules of 1981 nor the Basic Education Act and nor even the Government Order dated 23.06.2016 empowers the State Government to make inter-district transfers of the Assistant Teachers. The direction, if at all, to consider the request of the petitioner can be issued only to the Basic Education Board which is situated at Allahabad and any order which may be passed by this court or by the Board at Allahabad is to effect the petitioner at Sidddhartha Nagar.
In these circumstances, learned counsel for the petitioner will explain as to how this petition can be entertained before this court at Lucknow."�
A supplementary affidavit has been filed by the petitioner contending that State Government has passed its order and that even otherwise time limit as per Government Order dated 23.6.2016 has expired. It was only the State Government which could pass the order in the matter.
The submission is opposed by the learned Standing Counsel as well as the counsel appearing for the Board. He has pointed out that under the Service Rules as well as Government order, the consideration of claim for inter-district transfer had to be affected by the Board and not by the State.
I have heard learned counsel for parties and perused the materials on record. Petitioner is posted at Siddharth Nagar. The grievance of the petitioner in the matter relating to non consideration of his inter district transfer is against respondent no.2 and 3, both of which do not situate within the territorial jurisdiction of this Court. No provision has been shown under which transfer could be affected by the State Government. The mere fact that in a particular matter an order was passed by the State Government would not be material inasmuch as petitioner's grievance will have to be considered in the context of relevant service rules and the Government Order.
This petition is accordingly not maintainable before this court due to lack of territorial jurisdiction. Let the registry send record of this writ petition to the Principal Bench at Allahabad.
Order Date :- 5.7.2017
prabhat
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
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
