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Friday, October 13, 2017

UPTET News - Frequent Transfer should not be made to Teachers without special reason -

UPTET  News - Frequent Transfer should not be made to Teachers without special reason 


?Court No. - 38 

Case :- WRIT - A No. - 39977 of 2017 

Petitioner :- Suman Kumar Gupta 
Respondent :- State Of U.P. And 4 Others 
Counsel for Petitioner :- Manish Tandon,Mohd. Naushad Siddiqui 
Counsel for Respondent :- C.S.C. 

Hon'ble Ran Vijai Singh,J. 
Hon'ble Ifaqat Ali Khan,J. 
We have heard Sri Manish Tandon, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 
On 31.08.2017, following order was passed. 
"We have heard Shri Manish Tandon, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 
By means of this writ petition, prayer has been made to issue a writ of certiorari quashing the order dated 14.8.2017 passed by the Special Secretary, Department of Social Welfare, Lucknow by which the petitioner has been transferred from Rampur to District Banda on the vacant post of District Social Welfare Officer. 
It is contended that in between May, 2017 to August, 2017 petitioner has been transferred thrice. In his submission, initially the petitioner was transferred on 31.5.2017 from Bulandshahar to Kashganj and because of personal problems, the petitioner made request to the respondent to transfer him at Rampur. Considering the petitioner's request vide order dated 29.6.2017, the petitioner's transfer order dated 31.5.2017 was modified and the petitioner was transferred to Rampur. Pursuant thereto, the petitioner joined at Rampur on 1.7.2017 and immediately within a month on 14.8.2017, the petitioner has again been transferred to Banda. The submission is that the impugned transferred order will not only fall in the ambit of frequent transfer, but it is also contrary to the law laid down by the Division Bench of this Court in Heera Lal Tewari versus State of U. P. and another 2007 (69) ALR 542 wherein it has been held that if an employee has been transferred at a particular place on his own request unless there are special circumstances, he should not be transferred at the remote place without expiry of the reasonable time. 
On being confronted as to what was the ground for which the petitioner has sought his transfer at Rampur, learned counsel for the petitioner submitted that at present he is unaware about the reasons for not joining at Kashganj and seeking transfer at Rampur. 
Learned counsel for the petitioner is directed to bring on record the request letter on which petitioner's transfer order dated 31.5.2017 was modified transferring him from Kashganj to Rampur. 
Learned Standing Counsel is also directed to seek instructions in this matter. 
Put up this case as fresh on 7.9.2017." 
Pursuant thereto learned Standing counsel has sought instruction and submits that petitioner has been transferred at Rampur after considering the request of his wife that her health is not well, therefore, her husband may be transferred to near by her native district Sambhal. In his submissions, the controversy involved of this case is fully covered by the law laid down by this Court in the case of (Heera Lal Tewari (Supra)). 
Considering the same we dispose of this writ petition with liberty to the petitioner to make a representation before the Special Secretary (Social Welfare) State of U.P. Government, for redressal of his grievance alongwith certified copy of the order of this court. 
In case, such representation is filed alongwith certified copy of the order of this court, within 10 days after joining at Banda the same shall be considered and decided strictly in terms of the judgment of this Court in case of (Heera Lal Tewari (Supra)), in accordance with law, expeditiously, but not later than 4 weeks from the date of receipt of the representation. 
With the aforesaid observation/directions, this writ petition is disposed of. 
Order Date :- 11.9.2017 

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