जिले के अंदर पति का ट्रांसफर दूसरे ब्लॉक में करने पर कोर्ट ने कहा कि 30 किलोमीटर दूर ही ट्रांसफर हुआ है, कोर्ट ने रिट खारिज की -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 58
Case :- WRIT - A No. - 14240 of 2018
Petitioner :- Anurodh Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ashwini Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 18th June, 2018, whereby he has been transferred from Block Sadar to Block Charthawal. Order is challenged primarily on the ground that petitioner's wife since is posted in the same block, the petitioner ought not to be transferred in view of Clause 1(d) of the transfer policy dated 29th March, 2018. It is also stated that persons in excess of 20% have been transferred, which is otherwise impermissible.
The petition is opposed by learned Standing Counsel on the ground that petitioner has completed more than 03 years and that since his transfer is within the same district, none of the provisions of the transfer policy are violated.
Perusal of Clause 1(d) of the transfer policy would go to show that as far as possible an attempt be made to adjust the person at the same place where his spouse is also working. The use of expression "as far as possible" is an expression of significance, particularly as transfer policy is otherwise in the nature of guidelines and cannot be read as a statute, violation whereof would render the order of transfer bad in law. Petitioner has otherwise been transferred within the district at a distance of about 30 Kilometres. He has otherwise been continuing at the same block for more than 03 years.
In the facts and circumstances, this Court finds that no case is made out to interfere with the impugned transfer. Petitioner is otherwise transferred at a distance of only about 30 Kilometres.
Writ petition, accordingly, fails and is consigned to records.
Order Date :- 2.7.2018
Anil
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 58
Case :- WRIT - A No. - 14240 of 2018
Petitioner :- Anurodh Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ashwini Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order of transfer dated 18th June, 2018, whereby he has been transferred from Block Sadar to Block Charthawal. Order is challenged primarily on the ground that petitioner's wife since is posted in the same block, the petitioner ought not to be transferred in view of Clause 1(d) of the transfer policy dated 29th March, 2018. It is also stated that persons in excess of 20% have been transferred, which is otherwise impermissible.
The petition is opposed by learned Standing Counsel on the ground that petitioner has completed more than 03 years and that since his transfer is within the same district, none of the provisions of the transfer policy are violated.
Perusal of Clause 1(d) of the transfer policy would go to show that as far as possible an attempt be made to adjust the person at the same place where his spouse is also working. The use of expression "as far as possible" is an expression of significance, particularly as transfer policy is otherwise in the nature of guidelines and cannot be read as a statute, violation whereof would render the order of transfer bad in law. Petitioner has otherwise been transferred within the district at a distance of about 30 Kilometres. He has otherwise been continuing at the same block for more than 03 years.
In the facts and circumstances, this Court finds that no case is made out to interfere with the impugned transfer. Petitioner is otherwise transferred at a distance of only about 30 Kilometres.
Writ petition, accordingly, fails and is consigned to records.
Order Date :- 2.7.2018
Anil
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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
