Transfer - 7 अगस्त को अगली डेट लगी, पति पत्नी, 15% आदि तमाम मसलों पर सरकार से जवाब मांगा -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 21411 of 2018
Petitioner :- Rekha Rani Prajapati
Respondent :- State Of U.P.Throu,Appar Mukhya Sachiv/Prin.Secy.Basic & Ors
Counsel for Petitioner :- Sakha Ram Tiwari
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Irshad Ali,J.
Heard Sri S.R. Tiwari, learned counsel for the petitioner.
Learned Standing Counsel has accepted notice on behalf of respondent Nos.1 and 2 and Sri Ajay Kumar, learned counsel has accepted notice on behalf of respondent No.3.
Learned counsel for the petitioner submits that Clause VI of the transfer policy/Government Order dated 13.06.2017, provides that the district, where the vacancy against the sanctioned post is more than 15%, no inter district transfer of Assistant Teachers shall be done. His next submission is that vide letter dated 06.02.2018, of the Secretary, U.P. Basic Education Board, a list of vacancies of Assistant Teachers in different districts have been notified being 40766 Assistant Teacher in primary schools and 6719 Head Masters of primary schools/Assistant Teachers of higher basic schools. In terms of Clause III of the transfer policy/Government order dated 13.06.2017, inter district transfer is to be made to the extent of 25% of the available vacancies. Therefore, out of the aforesaid vacancies available, the transfers to the extent of 25% were to be made, which has not been done. Under the circumstances, the action of the respondents in not transferring the petitioner from the district of his place of posting to desired district is wholly arbitrary and illegal. His next submission is that the policy of the "Niti Aayog" as relied in the press note dated 12/13.6.2018, came into effect from 5.6.2018. Therefore, the said policy decision shall not effect the statutory rights of the petitioners for transfer which they accrued prior to 5.6.2018. He next submitted that the petitioners are lady Assistant Teachers. Their rights for transfer is a statutory right under Rule 8(2)(d) of the Rules 2008. Their right for transfer is also protected by Article 15 of the Constitution of India, which provides that the State may make special provisions for women. Therefore, the action of the respondents in not transferring the petitioners, is also violative of Article 15 of the Constitution of India.
In view of the above, learned Standing Counsel prays for and is granted a weeks' time to file counter affidavit on behalf of the respondents. Additional Chief Secretary of the Basic Education Department shall file his personal affidavit bringing on record the copy of all the relevant Government orders and also the copies of the relevant statutory provisions governing the transfer of Assistant Teachers of the basic schools run by U.P. Basic Education Board. The petitioner shall also have three days time thereafter to file rejoinder affidavit.
List this petition on 07.08.2018 along with the record of Writ Petition No.18926 (S/S) of 2018.
Order Date :- 27.7.2018
Adarsh
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 21411 of 2018
Petitioner :- Rekha Rani Prajapati
Respondent :- State Of U.P.Throu,Appar Mukhya Sachiv/Prin.Secy.Basic & Ors
Counsel for Petitioner :- Sakha Ram Tiwari
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Irshad Ali,J.
Heard Sri S.R. Tiwari, learned counsel for the petitioner.
Learned Standing Counsel has accepted notice on behalf of respondent Nos.1 and 2 and Sri Ajay Kumar, learned counsel has accepted notice on behalf of respondent No.3.
Learned counsel for the petitioner submits that Clause VI of the transfer policy/Government Order dated 13.06.2017, provides that the district, where the vacancy against the sanctioned post is more than 15%, no inter district transfer of Assistant Teachers shall be done. His next submission is that vide letter dated 06.02.2018, of the Secretary, U.P. Basic Education Board, a list of vacancies of Assistant Teachers in different districts have been notified being 40766 Assistant Teacher in primary schools and 6719 Head Masters of primary schools/Assistant Teachers of higher basic schools. In terms of Clause III of the transfer policy/Government order dated 13.06.2017, inter district transfer is to be made to the extent of 25% of the available vacancies. Therefore, out of the aforesaid vacancies available, the transfers to the extent of 25% were to be made, which has not been done. Under the circumstances, the action of the respondents in not transferring the petitioner from the district of his place of posting to desired district is wholly arbitrary and illegal. His next submission is that the policy of the "Niti Aayog" as relied in the press note dated 12/13.6.2018, came into effect from 5.6.2018. Therefore, the said policy decision shall not effect the statutory rights of the petitioners for transfer which they accrued prior to 5.6.2018. He next submitted that the petitioners are lady Assistant Teachers. Their rights for transfer is a statutory right under Rule 8(2)(d) of the Rules 2008. Their right for transfer is also protected by Article 15 of the Constitution of India, which provides that the State may make special provisions for women. Therefore, the action of the respondents in not transferring the petitioners, is also violative of Article 15 of the Constitution of India.
In view of the above, learned Standing Counsel prays for and is granted a weeks' time to file counter affidavit on behalf of the respondents. Additional Chief Secretary of the Basic Education Department shall file his personal affidavit bringing on record the copy of all the relevant Government orders and also the copies of the relevant statutory provisions governing the transfer of Assistant Teachers of the basic schools run by U.P. Basic Education Board. The petitioner shall also have three days time thereafter to file rejoinder affidavit.
List this petition on 07.08.2018 along with the record of Writ Petition No.18926 (S/S) of 2018.
Order Date :- 27.7.2018
Adarsh
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
Shiksha Mitra | Shiksha Mitra Latest News | UPTET 72825 Latest Breaking News Appointment / Joining Letter | Join UPTET Uptet | Uptet news | 72825 Primary Teacher Recruitment Uptet Latest News | 72825 Teacher Recruitment Uptet Breaking News | 72825 Primary Teacher Recruitment Uptet Fastest News | Uptet Result 2014 | Only4uptet | 72825 Teacher Recruitment Uptet News Hindi | 72825 Teacher Recruitment Uptet Merit cutoff/counseling Rank District-wise Final List / th Counseling Supreme Court Order Teacher Recruitment / UPTET 72825 Appointment Letter on 19 January 2015A | 29334 Junior High School Science Math Teacher Recruitment,
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
