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Friday, December 22, 2017

UP Teacher Transfer - सचिव बेसिक शिक्षा विभाग पहले भी शिक्षिका पत्नियों को शिक्षक पति के जिले में अंतर जनपदीय स्थानांतरण कर चुके हैं , देखें देखें इलाहबाद हाई कोर्ट की याचिका में -

UP Teacher Transfer - 
सचिव बेसिक शिक्षा विभाग पहले भी शिक्षिका पत्नियों को शिक्षक पति के जिले में अंतर जनपदीय स्थानांतरण कर चुके हैं , देखें देखें इलाहबाद हाई कोर्ट की याचिका में - 



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

A.F.R. 
Court No. - 26 

Case :- SERVICE SINGLE No. - 1273 of 2014 
Petitioner :- Mumtaz Tarannum 
Respondent :- State Of U.P. Through Prin. Secy. Deptt. Of Basic Edu. Lko. 
Counsel for Petitioner :- Aftab Ahmad 
Counsel for Respondent :- C.S.C.,Ghaus Beg 

Hon'ble Devendra Kumar Upadhyaya,J. 
Heard Shri Aftab Ahmad, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no.1 and Shri Ghaus Beg, learned counsel appearing for respondent nos. 2 and 3. 
The petitioner, who is an Assistant Teacher in Primary School (now promoted as Headmistress), by instituting these proceedings under Article 226 of the Constitution of India has assailed the validity of the order dated 22nd January, 2014 passed by the Zila Basic Shiksha Adhikari, Behraich whereby her representation staking her claim to be posted in Urban Local Area of District- Behraich has been rejected. 
In supported of the claim of the petitioner to be posted in an Urban Local Area, it has strenuously been argued by the learned counsel appearing for the petitioner that the basic premise on the basis of which the claim of the petitioner has been rejected is erroneous, inasmuch as, after the bifurcation of the erstwhile District-Basti and creation of District Siddharth Nagar, the Primary School, Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar falls in an Urban Area whereas it has wrongly been recorded by the District Basic Shiksha Adhikari in the impugned order that it still is situated in a Rural Area. 
The facts, which are not in dispute, are that the petitioner was initially appointed in the year 2002 as Assistant Teacher in Primary School Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar (the then District- Basti). The petitioner thereafter got married to one Shri Naim Ahmad Ansari, who is also working as Assistant Teacher in District Behraich. After the marriage, the petitioner has been making representations for her transfer to District- Behraich so that she can fulfill her marital and family obligations. However, the request made by the petitioner for her transfer from District Siddharth Nagar to Behraich was only acceded to by the Secretary of the Basic Shiksha Parishad, Allahabad who by means of order dated 14th August, 2012 transferred her from District Siddharth Nagar to District-Behraich. 
On the basis of the aforesaid order of transfer dated 14th August, 2012, passed by the Secretary Basic Shiksha Parishad, Allahabad, the petitioner was relieved under the order passed by Zila Basic Shiksha Adhikari, Siddharth Nagar dated 10th September 2012. Accordingly, she was relieved and she submitted her joining in the office of Zila Basic Shiksha Adhikari, Behraich on 21st September 2012. After she joined in Behraich, the petitioner was posted on 19th December, 2012 at Primary School, Tepraha Chak, Tajwapur. This institution at Tepraha Chak Tajwapur falls in the Rural Local Area. 
Submission of learned counsel for the petitioner is that as per transfer policy any teacher working in an Urban Local Area on inter district transfer or even otherwise has to be posted only in Urban Local Area and not in Rural Local Area. 
Learned counsel for the petitioner has relied upon various documents including the documents of Education Department itself to establish that Primary School, Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar is situated in Urban Local Area and hence her posting at Primary School, Tepraha Chak, Tajwapur District-Behraich which lies in a Rural Area is against the policy of the respondents themselves. 
On the other hand, Shri Ghaus Beg, learned counsel representing the Secretary Basic Shiksha Parishad, Allahabad as well as Zila Basic Shiksha Adhikari has vigorously attempted to defend the decision of Zila Basic Shiksha Adhikari, Behraich and has stated that the Primary School situated at Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar, as per record maintained in the Basic Education Department, falls in the Rural Local Area. Hence there is no illegality in the order passed by the Zila Basic Shiksha Adhikari dated 22nd January, 2014 whereby the claim of the petitioner has been rejected for her posting in an Urban Local Area. It has been contended by learned counsel representing the Zila Basic Shiksha Adhikari that the petitioner was transferred by the order of the Secretary, Basic Shiksha Parishad, Allahabad on 14th August, 2012 which has been annexed as Annexure 4 to the counter affidavit filed by the Zila Basic Shiksha Adhikari and the said order of transfer depicts the petitioner's posting at Jawahar Nagar, Development Block Naugarh, District- Siddharth Nagar in Rural Area. He has also relied upon the information furnished by the petitioner in her application seeking her transfer which is annexed as Annexure 3 to the counter affidavit wherein the petitioner has herself sought her transfer in Rural Area Behraich and has also mentioned her posting at Primary School, Jawahar Nagar, Development Block Naugardh District- Siddharth Nagar to be in a Rural Local Area. 
On the basis of the aforesaid two documents, Shri Ghaus Beg has stated that even as per the own assessment of the petitioner, she has been initially posted at District Siddharth Nagar in Rural Local Area, as such her claim for her posting in an Urban Local Area is not tenable. He has also stated that while posted in District Siddharth Nagar she has been drawing House Rent Allowance which is admissible to an incumbent posted in Rural Local Area. Thus, it cannot be said that she was posted at the Primary School situated in Urban Local Area and hence she has to be necessarily transferred and posted only to a Primary School situated in a Rural Local Area. 
It has also been asserted by the learned counsel representing the respondents that before considering the claim of the petitioner the Zila Basic Shiksha Adhikari, Behraich had called for a report from Basic Shiksha Adhikari, Siddharth Nagar who also in his report has stated that Primary School Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar falls in Rural Local Area and not in Urban Local Area. 
I have given anxious consideration to the arguments raised by learned counsels appearing for the respective parties. 
The submission made by learned counsel appearing for Zila Basic Shiksha Adhikari needs to be rejected for the reasons which are given below:- 
The Primary Institutions in the entire State of Uttar Pradesh which were earlier being run and managed under the supervision and administrative control of the Zila Panchayats and several Urban Local Bodies are now being run and managed by the Basic Education Board constituted under the Uttar Pradesh Basic Education Act, 1972. The said Act, 1972 has been enacted to provide for establishment of the Basic Education Board and matters connected thereof. On and from the date of commencement of the said 1972 Act, the control of teachers and properties of the Basic Schools situated both in the Municipal Areas and the Gram Panchayats were taken over under the statutory provisions contained in the said Act by the Basic Shiksha Parishad, Allahabad. Second 2(e) of 1972 Act defines a local body to mean Zila Panchayat or Municipality as the case may be. Second 2(f) defines Municipality to mean a Nagar Panchayat, Municipal Council or Municipal Corporation as the case may be. Thus, for the purpose of 1972 Act, the local body includes the Rural Units of self governance as well as the Urban Local Bodies of self governance. 
As far as the service conditions of the teachers of these institutions are concerned, statutory rules have been framed, which are known as U.P. Basic Education (Teachers) Service Rules, 1981, which inter alia defines Rural Local Area to mean the area over which a Zila Parishad exercises jurisdiction. Urban Local Area has been defined to mean the area over which a Nagar Mahapalika Municipal Board, Town Area Committee, or Notified Area Committee exercises jurisdiction. Thus, the 1972 Act and the Service Rules 1981 lay down clear distinction between the Urban Local Area and Rural Local Area. These institutions situated both in an Urban Local Area and Rural Local Area are to be governed and managed by the provisions of the Service Rules 1981. An institution which falls under a Zila Panchayat will be an institution situated in Rural Local Area and an institution situated in a Nagar Mahapalika, Municipality, Town Area Committee, Notified Area Committee or any other such body of Urban Local self governance will be an institution situated in Urban Local Area. 
On account of rapid urbanization, there may be a situation when an institution at the time of its establishment or creation may be situated in a Rural Local Area and by passage of time with the development around such an institution, the same institution may fall within the local limits of an Urban Local Body. 
As is abundantly clear from various documents annexed along with writ petition, it appears that Primary School Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar was established in a Rural Local Area, however, with the passage of time the said area appears to have been included within the area of an Urban Local Body. The petitioner has annexed a copy of the form containing certain informations relating to Primary School, Jawahar Nagar, Development Block Naugarh District- Siddharth Nagar as Annexure 4 to the writ petition wherein it has been stated that it is situated within the limits of an Urban Local Body. The said document appears to have been counter signed by the Block Basic Shiksha Adhikari, Development Block Naugarh District- Siddharth Nagar. Similarly when the Nagar Palika Parishad, Siddharth Nagar was likely to be re-constituted, a direction was issued to Basic Shiksha Adhikari, Siddharth Nagar to run the accounts of Ward Shiksha Nidhi under the joint signature of the Headmaster/Headmistress and another Assistant Teacher. The said instructions are contained in letter dated 14th April, 2012 addressed to Block Shiksha Adhikari of various development blocks including development block, Naugarh which has been annexed as Annexure 5 to this writ petition. Pursuant to the said direction issued by the Zila Basic Shiksha Adhikari, the petitioner while working as Headmistress of Primary School, Jawahar Nagar, Development Block Naugarh, District- Siddharth Nagar was allowed to operate the aforesaid account of Ward Shiksha Nidhi under the Joint Signature of herself and another Assistant Teachers. This fact is established from perusal of page 22 of the writ petition which is part of Annexure 5. 
Yet another document which has been relied upon by the learned counsel for the petitioner to establish that the Jawahar Nagar Primary School situated in Urban Area is the annual work plan and budget issued for Sarva Shiksha Abhiyan of District Siddharth Nagar which has been annexed as Annexure 6 to the writ petition wherein the Development Block Naugarh, District- Siddharth Nagar has been shown to be in Urban Area and Primary School, Jawahar Nagar Development Block Naugarh District- Siddharth Nagar has also been shown to be situated in Ward Ramjam Nagar of the Municipality concerned, thus from the said document i.e. annual work plan and budget of Sarva Shiksha Abhiyan, which is a scheme being run by the Education Department itself, it is clear that Primary School, Jawahar Nagar is situated in Ward Ramjan Nagar of the Municipality concerned. The petitioner has also annexed a copy of the voter list of Ramjan Nagar, District- Siddharth Nagar which was prepared for the purpose of election of Nagarpalika Parishad, Siddharth Nagar. The petitioner appears to have been entrusted with the census work relating to census 2011. The Ward Ramjam Nagar has been shown to fall within the Nagar Palika Parishad, Siddharth Nagar in the document relating to census work which is available at page 31 of the writ petition. 
The aforesaid documents relied upon by the petitioner i.e. Annexures 4, 5, 6 and 7 have not been disputed by the respondents. Thus, so far as the current situation of Primary School Jawahar Nagar , Development Block Naugarh, District- Siddharth Nagar is concerned, undisputedly, the same falls in the Urban Local Area. 
So far as submission made by learned counsel appearing for Zila Basic Shiksha Adhikari that in her application made by the petitioner seeking her transfer she has herself descried the institution to be situated in the Rural Area and that she has been drawing house rent allowance applicable to an incumbent serving in the Rural Area and that the Secretary, Basic Shiksha Parishad, Allahabad while passing the transfer order dated 14th August 2012 has described the institution to be situated in Rural Local Area, are concerned, it may only be indicated that it appears that the records of the Education Department in District-Siddharth Nagar/Basti have not been updated. As already observed above, it is not a very unlikely situation that at the time of establishment of Primary School it may be situated in a Rural Local Area, however, with the passage of time the institution may get included within the limits of Urban Local Body. This is continuous process and if with the continuity of the process of urbanization and declaration of more and more Urban Local Bodies. District Education Department is not able to keep pace with the changes inasmuch as it does not upgrade its own regard, petitioner cannot be faulted with it. 
Thus, for the reasons indicated hereinabove, the impugned order dated 22nd January, 2014 which has been passed by the Basic Shiksha Adhikari, Behraich rejecting the claim of the petitioner, contained in Annexure No. 1 to the writ petition is hereby quashed. The consequential posting order of the petitioner dated 19th December, 2012 by which she has been posted at Primary School, Tepraha Chak Tajwapur, District- Behraich is hereby quashed. 
A direction is issued to the Zila Basic Education Officer, Behraich to post and place the petitioner in a Primary School situated within an Urabn Local Area at Behraich within a period of one month from the date of production of certified copy of this judgment and order. 
The writ petition is allowed in the aforesaid terms. 
There will be no order as to costs.­ 
Order Date :- 20.4.2015 
Subodh/- 


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