Second chance for transfer Given by Court for Basic Teacher UP / कुछ खास कोर्ट के आदेश जिनके आधार पर दूसरी बार शिक्षकों को ट्रांसफर आवेदन का मोका
Writ 3633 of 2021 के आदेश के संदर्भ में नीचे दिए गए कोर्ट आदेश में कहा गया की बेसिक शिक्षक को दोबारा ट्रांसफर आवेदन का मोका मिलेगा
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 25 Reserved Case :- WRIT - A No. - 10811 of 2022 Petitioner :- Anuradha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Archana Singh,Arun Kumar,Sanjay Kumar Singh Hon'ble Rajeev Singh,J.
1. Heard Shri N.K. Sharma, learned counsel for the petitioner, Mrs. Archana Singh, learned counsel for the respondent No.2 and Shri Prashant Kumar Mishra, learned Standing Counsel for the State.
2. The present petition is filed with the following prayer:-
a) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 24.01.2022 and 18.02.2022 passed by Secretary, U.P. Basic Education Board, Prayagraj/respondent No.2 as well as order dated 13.09.2021 passed by District Basic Education Officer, Gorakhpur/Respondent No.4.
b) Issue a writ, order or direction in the nature of mandamus directing the respondent No.4 to relieve the petitioner from District Gorakhpur.
c) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to join in district Barabanki on the post of Head Mistress in Primary School run by Basic Education Board as per her transfer order dated 31.12.2020 and relieving order dated 31.08.2021.
3. Learned counsel for the petitioner submitted that petitioner was appointed on the post of Assistant Teacher in Primary School, Bhasiya Khalilabad, District Sant Kabir Nagar, vide appointment letter dated 24.12.2005, and thereafter, she was promoted on the post of Assistant Teacher in Senior Basic School on 23.01.2010 and she joined in Upper Primary School, Daridiha, Block-Semriyaya, District-Sant Kabir Nagar.
4. Learned counsel for the petitioner submitted that on the request of the petitioner, she was transferred from Santkabir Nagar to Gorakhpur, and thereafter, order was passed by District Basic Education Officer, Gorakhpur/respondent No.4 on 04.10.2023 and petitioner was allowed to join in Upper Primary School on 05.10.2012. Later on, petitioner was directed to join as Head Mistress in Primary School, Ayodhyachak, Block Sardarnagar, District Gorakhpur and she joined on 16.01.2014.
5. Learned counsel for the petitioner submitted that husband of the petitioner was working on the post of Messenger in U.P. Police Telecom Department in District Barabanki and he was fallen ill due to chronic liver failure and his treatment was going on in SGPGI, Lucknow. Thereafter, she requested for inter district transfer and opted District Lucknow or near by place, which was considered in accordance with provision of U.P. Basic Education (Teacher Posting Rules, 2008) and transferred to District Barabanki, but respondent No.4 denied to relieve her, then she filed Writ Petition No.3633 of 2021, which was allowed by quashing the order of respondent No.4, dated 06.02.2021 and concerned authority was directed to revisit the issue. In compliance of the order dated 04.08.2021, fresh representation was moved before the respondent No.4, who passed the relieving order on 31.08.2021 and petitioner relieved to join District Barabanki and she approached to respondent No.5 (District Basic Education Officer, Barabanki) and requested for her joining by way of written application, dated 06.09.2021. Thereafter, letter dated 09.09.2021 was written by the respondent No.5 to respondent No.2 and asked necessary instructions in relation to joining of the petitioner in District Barabanki. In the meantime, respondent No.4 (District Basic Education Officer, Gorakhpur) recalled the relieving order of the petitioner, dated 03.09.2021 and directed to join her services in her earlier school in District Gorakhpur. Again, petitioner approached before this Court by filing Contempt Application Civil No.5695 of 2021. In the meantime, order dated 24.01.2022 and 18.02.2022 have been passed by Secretary, U.P. Basic Education Board, Prayagraj as well as District Basic Education Officer, Gorakhpur.
6. Learned counsel for the petitioner submitted that earlier, District Basic Education Officer, Gorakhpur had passed the order dated 06.02.2021 on the ground that second request for inter district transfer was not permissible, but the order dated 06.02.2021 was set aside by this Court in Writ-A No.3633 of 2021 and District Basic Education Officer, Gorakhpur was directed to revisit the order, and thereafter, he passed the relieving order. Later on, her relieving order was recalled and impugned order has been passed by Secretary, U.P. Basic Education Board, Prayagraj with the observation that illness of the husband of petitioner does not come in the category mentioned in the Government Order, dated 02.12.2019, therefore, her application was rejected. He further submitted that impugned order passed by Secretary, U.P. Basic Education Board, Prayagraj does not releval that under what circumstances, she was transferred to Barabanki, therefore, impugned order is liable to be set aside.
7. Learned counsel for the respondents vehemently opposed the prayer of petitioner and submitted that ailment of the husband of the petitioner does not come in the category, which is mentioned in the Government Order as liver cirrhosis does not cover in the definition of liver failure, therefore, there is no illegality in the order passed by the Secretary, U.P. Basic Education Board, Prayagraj. Hence, the writ petition is liable to be dismissed.
8. Considering the submission of learned counsel for the parties and going through the contents of petition as well as impugned order, as it is undisputed fact that second application of petitioner for inter district transfer is not barred and respondents/authorities are the custodian of the record and when the petitioner submitted her application for transfer from Gorakhpur to Lucknow or near by place, 39 quality points were given to her, and thereafter, she was transferred to District Barabanki and District Basic Education Officer, Gorakhpur denied her relieving, vide order dated 06.02.2021 on the ground that second request for inter district transfer is not admissible. The order dated 06.02.2021 was challenged by the petitioner before this Court in Writ-A No.3633 of 2021, which was allowed and order dated 06.02.2021 was set aside with the direction to revisit the order. Thereafter, petitioner was relieved by District Basic Education Officer, Gorakhpur on 31.08.2021. The relevant part of the relieving order dated 31.08.2021 passed by District Basic Education Officer, Gorakhpur reads as under:-
" निर्णय उपर्युुक्त तथ्यों एवं परिस्थियों एवं मा० उच्च न्यायालय इलाहाबाद में योजित याचिका सं०-3633/2021 पारित आदेश दिनांक 04.08.2021 में याची का प्रत्यावेदन स्वीकार किया जाता है तथा उक्त याचिका में अंकित स्पेशल अपील डिफेक्टिव नं०-419/2021 में डिवीजन बेंच द्वारा दिये गये आदेश को दृष्टिगत रखते हुए याची अनुराधा प्र०अ०, प्रा०वि० अयोध्याचक, सरदारनगर, गोरखपुर के कार्यमुक्ति पर पुर्नविचार करते हुए इस कार्यालय से निर्गत आदेश पत्रांक मान्यता/17204-06/2020-21 दिनांक 06 फरवरी 2021 को निरस्त करते हुए स्थानान्तरित जनपद बाराबंकी हेतु कार्यमुक्त किया जाता है। "
9. Thereafter, petitioner was relieved and given her joining in the Office of District Basic Education Officer, Barabanki on 06.09.2021, but in place of allowing her, Mr. Ajai Kumar Singh, the then District Basic Education Officer, Barabanki sought guidelines from District Basic Education Officer, Gorakhpur, and thereafter, impugned order has been passed. As in the impugned order, it is not denied that petitioner was given 39 quality points on her application for transfer.
10. It is also evident from the record that the husband of the petitioner was suffering from liver cirrhosis, therefore, writ petition is allowed and impugned orders dated 24.01.2022 and 18.02.2022 passed by Secretary, U.P. Basic Education Board, Prayagraj/respondent No.2 as well as order dated 13.09.2021 passed by District Basic Education Officer, Gorakhpur/Respondent No.4 are hereby set aside.
11. District Basic Education Officer, Barabanki is directed to allow the petitioner to resume the charge in pursuance of the order dated 31.08.2021 passed by District Basic Education Officer, Gorakhpur, forthwith.
Order Date :- 16.02.2023 Amit/-
