Writ 3633 of 2021, जिसमे कोर्ट ने बेसिक शिक्षा विभाग को आदेशित किया को सिर्फ एक बार ट्रांसफर के लिए आवेदन नियमों का उल्लंघन है, और शिक्षक ट्रांसफर की लिए दोबारा आवेदन के पात्र हो गए
Court No. - 33
Case :- WRIT - A No. - 3633 of 2021 Petitioner :- Anuradha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Arun Kumar Hon'ble Ashwani Kumar Mishra,J. This petition is directed against the order dated 06th February, 2021, whereby petitioner's relieving pursuant to the order of voluntary transfer has been declined on the ground that second transfer was impermissible in terms of the Government Order dated 02.12.2019. Whether or not more than one transfer would be permissible is an issue which came up for consideration before a Division Bench of this Court in Special Appeal Defective No. 419 of 2021, in which the Division Bench has been pleased to observe as under:- "In view of the above, we find that the Government Order, imposing bar on second application for inter-district transfer, is not in consonance with the Rules; rather, de hors the statutory Rules. To that extent, we are entertaining this appeal and causing interference in the directions issued by the learned Single Judge prohibiting second application for inter-district transfer. It is, however, with the clarity that mere making of application would not mean a right to get transferred; rather, it would remain at the discretion of the State Government. It is furthermore that if the Government permits inter-district transfer, the employee would be placed at the bottom of the seniority in the district where he/she is transferred. With the aforesaid, we cause interference in the order of the Government as well as the judgement of the learned Single Judge to clarify that as per Rule 21 of the Rules of 1981 so as Rule 8(2)(d) of the Rules of 2008, an employee would be at liberty to make application for inter-district transfer and it would not be restricted to only one application in his service tenure. It is again with the clarification that mere making of an application would not create a right to get transferred; rather, it would remain at the discretion of the Government. If any employee has been affected by the outcome of the judgement in question, he would be at liberty to take the remedy individually challenging the order of transfer. The appeal is allowed with the aforesaid.†Smt. Archana Singh for the respondent states that the authority be permitted to revisit the matter in light of aforesaid judgment. In view of the what has been observed above, the relieving cannot be declined merely on the ground that the second transfer is impermissible. Consequently, the order passed by the District Basic Education Officer, Gorakhpur dated 06.02.2021 cannot be sustained and is quashed. The authority concerned shall revisit the issue in light of the observations made by the Division Bench in the judgment dated 05.07.2021 extracted above. Such consideration would be made within a period of four weeks from the date of presentation of a copy of this order. Accordingly, writ petition is allowed. Order Date :- 4.8.2021 Pkb/
