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Thursday, July 12, 2018

2016 इंटरडिस्ट्रिक्ट ट्रांसफर में कोर्ट ने पति पत्नी सरकारी नौकरी के ट्रांसफर मामले को वरीयता देकर नार्मल ट्रांसफर से ऊपर रखा , कुछ गलत ट्रांसफर हो जाने पर ट्रांसफर आदेश संशोधन करने को कहा -

2016 इंटरडिस्ट्रिक्ट ट्रांसफर में कोर्ट ने पति पत्नी सरकारी नौकरी के ट्रांसफर मामले को वरीयता देकर नार्मल ट्रांसफर से ऊपर रखा , कुछ गलत ट्रांसफर हो जाने पर ट्रांसफर आदेश संशोधन करने को कहा - 


?Court No. - 7 
Case :- WRIT - A No. - 48327 of 2016 
Petitioner :- Sunita Rani 
Respondent :- State Of U.P. And 2 Ors. 
Counsel for Petitioner :- Seemant Singh 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

Hon'ble Manoj Misra,J. 
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 and 2; and Sri Sanjay Kumar Srivastava for respondent no. 3. 
Considering the nature of the order that is being passed, this Court does not find it necessary to call for counter affidavits from the respondents as it would serve no useful purpose, therefore, with the consent of learned counsel for the parties, this petition is being disposed of finally. 
The petitioner is a teacher under the U.P. Basic Shiksha Parishad. For inter district transfer of teachers under the U.P. Basic Shiksha Parishad, a detailed transfer policy was notified / vide circular dated 23.6.2016. Under the transfer policy a candidate interested in transfer was required to submit application online giving option of five districts where he or she wanted posting by way of transfer. According to the petitioner, pursuant to the above transfer policy, she submitted online application, which was assigned no. 1711222, seeking transfer from Etah to any school in Agra or Firozabad. The options 1 to 4 were in respect of being posted at Agra whereas the 5th option was for posting in Firozabad. 
The case of the petitioner is that under paragraph 3(6) of the notification /circular dated 23.6.2016, a priority was laid for considering posting of a candidate when, in respect of a particular place, more applications than vacancies are received. According to sub clause (6) of Clause 3, priority is to be provided as follows: 
(1) first priority to physically handicapped candidate; 
(2) second to candidates suffering from specified diseases; 
(3) third to a widow; 
(4) fourth to an Ex-servicemen or an Ex-employee belonging to specified category; 
(5) fifth to a candidate who is either husband or wife and both of them are teachers under the U.P. Basic Shiksha Parishad, and seek posting in a common district; 
(6) sixth to a candidate who is either husband or and wife and both of them are in government service and they seek posting at common place; and 
(7) where a candidate applies for posting in the home town district. 

The policy further provides that where applications of candidates belonging to a single category are received in excess of the vacant posts, then candidate older in age would be given preference. 
The grievance of the petitioner is that though by order dated 21.8.2016, posting/ transfer has been made but the said posting/ transfer is not in accordance with the priority fixed by Clause 3 (6) of the notification/ circular dated 23.6.2016. 

It is the case of the petitioner that her husband had been posted in district Agra and, therefore, she was entitled to be treated 6th in the order of preference for being posted at Agra but instead of her claim being considered for posting at Agra, 31 candidates who are 7th in the order of priority have been posted in Agra when, in fact, their claim ought to have been considered only after exhausting the claim of the petitioner. It is thus the case of the petitioner that the transfer order dated 21.8.2016 requires to be amended and made in-consonance with the transfer policy
Learned counsel representing the respondent no. 3 has submitted that the petitioner may make a representation before the Secretary of U.P. Basic Education Board, Allahabad in respect of her grievance who can pass appropriate order, if it is justified by the transfer policy. 
Having considered the submissions of learned counsel for the petitioner, the writ petition is disposed of with a direction upon the 3rd respondent (Secretary, U.P. Basic Education Board, Allahabad) to consider the grievance of the petitioner in respect of transfer/ posting and thereafter pass appropriate order keeping in mind the priority fixed by the notification/ circular dated 23.6.2016 governing the transfer process. Accordingly, liberty is given to the petitioner to file a comprehensive representation before 3rd respondent in respect of her grievance. If any such representation is filed along with certified copy of this order, the 3rd respondent shall verify the facts and pass appropriate order in accordance with law, keeping in mind the transfer policy, preferably, within a period of three weeks from the date of filing of such representation. 

It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner. The aforesaid exercise shall be completed strictly in accordance with law after verifying the facts from the record. 
Order Date :- 4.10.2016 

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