News - लखीमपुर से हरदोई ट्रांसफर लेने के बाद महिला याची को 48 km दूर स्कूल पोस्टिंग पर याचिका, याची का हाल ही में बच्चा हुआ है , district hq के नजदीक स्थानान्तरण की याचिका, कोर्ट ने 3 हफ्ते के अंदर महिला की फरियाद पर फैसला लेने को कहा
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 23836 of 2018
Petitioner :- Shivani Mishra
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. And Ors.
Counsel for Petitioner :- Anurag Shukla
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner Sri Anurag Shukla.
Learned Chief Standing Counsel has accepted notice on behalf of respondent nos. 1, 3 and 4.
Sri Ajay Kumar, learned Advocate has accepted notice on behalf of respondent no. 2.
The petitioner has rushed to this Court challenging the order of transfer dated 9.7.2018 passed by District Basic Education Officer whereby the petitioner was transfered from District Lakhimpur Kheri to District Hardoi.
Submission of learned counsel for the petitioner is that the petitioner was selected by a duly constituted selection committee on the post of Assistant Teacher and was posted vide order dated 23.11.2015 at primary school Hussainapur, Block Pasigawan, District Kheri (Lakhimpur). He next submitted that in pursuance to the Government Order issued by the State Government in regard to the inter district transfer, the petitioner applied for and opted district Hardoi for the transfer and thereafter, vide order dated 13.6.2018, petitioner was transferred to District Hardoi wherein she reported in the office of District Basic Education Officer on 26.7.2018. His next submission is that the petitioner is having newly born baby and in this regard she filed a representation before the District Basic Education Officer for consideration of her claim for posting in nearby primary school from the district headquarter. In spite of considering the claim of the petitioner, the impugned transfer order has been passed whereby the petitioner is posted in an institution which is about 48 Km. away from the district headquarter and there is no facility of conveyance regularly and in reaching the institution she has to change conveyance in three times.
Learned counsel for the petitioner further submitted that the petitioner for ventilating her grievances has approached the District Basic Education Officer vide applications dated 24.7.2018 and 13.8.2018 to consider her claim on sympathetic ground for posting in nearby institution from the headquarter. The petitioner in paragraph 22 of the writ petition has pointed out the name of the institution wherein post of Assistant Teacher is lying vacant.
On the other hand learned Standing counsel and learned Advocate appearing on behalf of respondent no. 2 have no objection in case the writ petition is disposed of with direction to consider the claim of the petitioner.
In view of the above, the writ petition is finally disposed of with liberty to the petitioner to file a comprehensive representation along with certified copy of the order as well as copy of the writ petition within a week from today. In case such representation is filed by the petitioner before the respondent no. 3, who is Chairman of District Level Committee, he will consider and pass appropriate reasoned and speaking order within a period of three weeks thereafter.
Order Date :- 21.8.2018
Manoj
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 23836 of 2018
Petitioner :- Shivani Mishra
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. And Ors.
Counsel for Petitioner :- Anurag Shukla
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner Sri Anurag Shukla.
Learned Chief Standing Counsel has accepted notice on behalf of respondent nos. 1, 3 and 4.
Sri Ajay Kumar, learned Advocate has accepted notice on behalf of respondent no. 2.
The petitioner has rushed to this Court challenging the order of transfer dated 9.7.2018 passed by District Basic Education Officer whereby the petitioner was transfered from District Lakhimpur Kheri to District Hardoi.
Submission of learned counsel for the petitioner is that the petitioner was selected by a duly constituted selection committee on the post of Assistant Teacher and was posted vide order dated 23.11.2015 at primary school Hussainapur, Block Pasigawan, District Kheri (Lakhimpur). He next submitted that in pursuance to the Government Order issued by the State Government in regard to the inter district transfer, the petitioner applied for and opted district Hardoi for the transfer and thereafter, vide order dated 13.6.2018, petitioner was transferred to District Hardoi wherein she reported in the office of District Basic Education Officer on 26.7.2018. His next submission is that the petitioner is having newly born baby and in this regard she filed a representation before the District Basic Education Officer for consideration of her claim for posting in nearby primary school from the district headquarter. In spite of considering the claim of the petitioner, the impugned transfer order has been passed whereby the petitioner is posted in an institution which is about 48 Km. away from the district headquarter and there is no facility of conveyance regularly and in reaching the institution she has to change conveyance in three times.
Learned counsel for the petitioner further submitted that the petitioner for ventilating her grievances has approached the District Basic Education Officer vide applications dated 24.7.2018 and 13.8.2018 to consider her claim on sympathetic ground for posting in nearby institution from the headquarter. The petitioner in paragraph 22 of the writ petition has pointed out the name of the institution wherein post of Assistant Teacher is lying vacant.
On the other hand learned Standing counsel and learned Advocate appearing on behalf of respondent no. 2 have no objection in case the writ petition is disposed of with direction to consider the claim of the petitioner.
In view of the above, the writ petition is finally disposed of with liberty to the petitioner to file a comprehensive representation along with certified copy of the order as well as copy of the writ petition within a week from today. In case such representation is filed by the petitioner before the respondent no. 3, who is Chairman of District Level Committee, he will consider and pass appropriate reasoned and speaking order within a period of three weeks thereafter.
Order Date :- 21.8.2018
Manoj
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
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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
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