याची ने फिरोजाबाद से लखनऊ ट्रांसफर पति की प्राइवेट नोकरी के आधार पर मांग की, कोर्ट ने कहा ऑनलाइन एप्लाई करो -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 36185 of 2019
Petitioner :- Rashmi
Respondent :- State Of U.P. Thru Prin.Secy. Basic Edu. Lucknow And Ors.
Counsel for Petitioner :- Amol Kumar
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Manish Mathur,J.
Heard Sri Amol Kumar learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1 and 2 and Sri Ajay Kumar learned counsel appearing for opposite parties 3 and 4.
Petitioner is seeking a direction to opposite parties for her transfer from Primary School� Husainpur Gadiya, Block Khairgarh, District Firozabad to District Lucknow on the post of Assistant Teacher on the ground that petitioner is in the family way and is living alone in Firozabad while her husband and family are at Lucknow since her husband is also working in private service.
Learned counsel for petitioner has drawn attention to the medical certificates annexed as Annexure No.4 substantiating the submissions with regard to petitioner being in the family way. Learned counsel for petitioner has also drawn attention to U.P. Basic Education (Teachers) (Posting) Rules, 2008 whereunder Rule 8(d) provides that in normal circumstances application for inter district transfer will not be entertained within five years of posting but under special circumstances, such applications for inter district transfers would be entertained to the place of residence of their husband or in-laws. In terms of aforesaid, learned counsel for petitioner submits that petitioner facing exceptional circumstances is required to be posted in Lucknow where her family is staying.
Sri Ajay Kumar learned counsel appearing for opposite parties 3 and 4 on the other hand submits that the posting conditions would be governed by the Government Order dated 2nd December, 2019 which does not have any such provision and in fact provides only for the annual transfers to be affected without indicating any such exceptional circumstances. He has also submitted that even otherwise petitioner is entitled to maternity leave for six months under the extant rules and also to subsequent child care leave which can be available of by the petitioner. It has been submitted that even otherwise appropriate authority can consider grievance of petitioner. He has also drawn attention to the Government Order dated 2nd December, 2019 indicating that online applications for such transfer can be made by petitioner within a period of 20th December, 2019 till 20th January, 2020.
Considering the aforesaid circumstances, petitioner is granted liberty to file an online application as indicated in the Government Order dated 2nd December, 2019 to appropriate authority who shall consider and decide the same considering the exceptional circumstances of petitioner on sympathetic basis and keeping in view Rule 8(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008. Final decision with regard to petitioner's application shall be taken within time frame prescribed in the aforesaid Government Order dated 2nd December, 2019.
With the aforesaid observations, the petition stands disposed of.
Order Date :- 2.1.2020
prabhat
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- SERVICE SINGLE No. - 36185 of 2019
Petitioner :- Rashmi
Respondent :- State Of U.P. Thru Prin.Secy. Basic Edu. Lucknow And Ors.
Counsel for Petitioner :- Amol Kumar
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Manish Mathur,J.
Heard Sri Amol Kumar learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1 and 2 and Sri Ajay Kumar learned counsel appearing for opposite parties 3 and 4.
Petitioner is seeking a direction to opposite parties for her transfer from Primary School� Husainpur Gadiya, Block Khairgarh, District Firozabad to District Lucknow on the post of Assistant Teacher on the ground that petitioner is in the family way and is living alone in Firozabad while her husband and family are at Lucknow since her husband is also working in private service.
Learned counsel for petitioner has drawn attention to the medical certificates annexed as Annexure No.4 substantiating the submissions with regard to petitioner being in the family way. Learned counsel for petitioner has also drawn attention to U.P. Basic Education (Teachers) (Posting) Rules, 2008 whereunder Rule 8(d) provides that in normal circumstances application for inter district transfer will not be entertained within five years of posting but under special circumstances, such applications for inter district transfers would be entertained to the place of residence of their husband or in-laws. In terms of aforesaid, learned counsel for petitioner submits that petitioner facing exceptional circumstances is required to be posted in Lucknow where her family is staying.
Sri Ajay Kumar learned counsel appearing for opposite parties 3 and 4 on the other hand submits that the posting conditions would be governed by the Government Order dated 2nd December, 2019 which does not have any such provision and in fact provides only for the annual transfers to be affected without indicating any such exceptional circumstances. He has also submitted that even otherwise petitioner is entitled to maternity leave for six months under the extant rules and also to subsequent child care leave which can be available of by the petitioner. It has been submitted that even otherwise appropriate authority can consider grievance of petitioner. He has also drawn attention to the Government Order dated 2nd December, 2019 indicating that online applications for such transfer can be made by petitioner within a period of 20th December, 2019 till 20th January, 2020.
Considering the aforesaid circumstances, petitioner is granted liberty to file an online application as indicated in the Government Order dated 2nd December, 2019 to appropriate authority who shall consider and decide the same considering the exceptional circumstances of petitioner on sympathetic basis and keeping in view Rule 8(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008. Final decision with regard to petitioner's application shall be taken within time frame prescribed in the aforesaid Government Order dated 2nd December, 2019.
With the aforesaid observations, the petition stands disposed of.
Order Date :- 2.1.2020
prabhat
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
