UPTET SARKARI NAUKRI News - - याची शिक्षक की जगह और कोई बाहरी व्यक्ति पढ़ा रहा था , हेड मास्टर पर गाज गिरी , याची शिक्षक को अंतिम आदेश तक सर्विस सेलरी कंटीन्यू , बेसिक शिक्षा विभाग में यह सब खुले आम हो रहा - नौकरी किसी के नाम पर , पढ़ा कोई और रहा , शिक्षक समय पर आते नहीं , पढ़ाते नहीं

UPTET SARKARI NAUKRI   News - - 

याची शिक्षक की जगह और कोई बाहरी व्यक्ति  पढ़ा रहा था , हेड मास्टर पर गाज गिरी , याची शिक्षक को अंतिम आदेश तक सर्विस सेलरी कंटीन्यू ,
बेसिक शिक्षा विभाग में यह सब खुले आम हो रहा - नौकरी किसी के नाम पर , पढ़ा कोई और रहा , शिक्षक समय पर आते नहीं , पढ़ाते नहीं 

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 4 

Case :- SERVICE BENCH No. - 13336 of 2017 

Petitioner :- Ashwani Pratap Singh 
Respondent :- State Of U.P. Thru Additional Chief Secy.Deptt.Of Basic &Ors 
Counsel for Petitioner :- Kshemendra Shukla 
Counsel for Respondent :- C.S.C.,Bindhyawashni Kumar 

Hon'ble Devendra Kumar Upadhyaya,J. 
Hon'ble Rakesh Srivastava,J. 
Heard learned counsel for the petitioner and the learned Standing Counsel. 
It is alleged that on 2.12.2016 the petitioner made a surprise visit at Purva Madhyamik Vidyalaya, Ranjitpurwa where Smt. Chinta Singh, Head Mistress was present, but Pawan Kumar Yadav, Assistant Teacher was absent and in his place one outsider was imparting education to the students. On inquiry, the petitioner came to know that the outsider was imparting education to the students with the consent of Head Mistress. On 3.12.2016, the petitioner submitted a report in the office of respondent no.4 recommending strict disciplinary action against Amarjeet Singh, Incharge and Smt. Chinta Singh, Head Mistress. It is alleged that such kind of practice is prevailing in several school of the district. On coming to know about the said report the Uttar Pradeshiya Prathmik Shikshak Sangh, Gonda (in short 'Sangh') on 21.1.2017 made a complaint against the petitioner to the District Magistrate, Gonda in which it was inter alia stated that the petitioner was the original resident of District Gonda, and as such, he could not be posted in district Gonda. On the very next day i.e. on 22.1.2017, on the basis of the said complaint, the District Magistrate/ District Election Officer, Gonda passed an order directing the District Basic Education Officer, Gonda to write a letter to the Director of Education (Basic) U.P., and till the time the petitioner was transferred out of Gonda, he be attached in the office of the latter. In pursuance of the order dated 22.1.2017, the District Basic Education Officer on 23.1.2017 passed an order by means of which the petitioner was attached with the office of the District Basic Education Officer, Pant Nagar, Gonda. 
On 9.3.2017,� the District Basic Education Officer wrote to the Director of Education (Basic) wherein after referring to the complaint made by the Sangh it was stated that the Additional District Magistrate in his inquiry had come to the conclusion that the parental house and property of the petitioner was in District Gonda; that the attitude of the petitioner towards other teachers was not proper; his behaviour was indecent and the working of the petitioner was not like that of a government servant. It was further stated that the petitioner had accepted that Gonda was his parental home and had requested to continue him in Gonda on the ground of his disability, but looking into the seriousness of the matter on account of serious complaint and charges against the petitioner, it was expedient that the petitioner be transferred out of Gonda. It was further stated that after going through the inquiry report, and after obtaining legal opinion of the District Government Counsel, the District Magistrate/ District Election Officer, Gonda had directed that as Model Code of Conduct was in operation, the petitioner be immediately relieved and disciplinary inquiry be initiated against him after serving a charge sheet upon him. In the light of the above, it was stated that the petitioner was being relieved from District Gonda and recommendation was being made for initiating disciplinary action against the petitioner on the basis of the complaint received against him. Copy of the said letter was forwarded to the petitioner directing him to submit his joining in the office of the Additional Director of Education (Basic), Allahabad. 
In pursuance of the letter dated 22.1.2017 of the District Magistrate, Gonda and letter dated 23.1.2017 of the District Basic Education Officer, Gonda, the Additional Director of Basic Education, Directorate of Education, Allahabad passed an order on 30.5.2017 by means of which the petitioner has been transferred from the post of Block Education Officer, Gonda to District Kannauj on administrative grounds and in public interest. 
The order dated 30.5.2017 is under challenge in the present writ petition. 
Learned counsel for the petitioner has submitted that the impugned order of transfer dated 30.5.2017 has been passed in mala fide exercise of power inasmuch as without there being any transfer order the petitioner was relieved from Gonda and was attached with the office of the Additional Director of Education (Basic), Allahabad. It has been further submitted that recital in the letter dated 9.3.2017 of the District Basic Education Officer, Gonda that the petitioner had admitted that Gonda was his home town is absolutely incorrect. Learned counsel has vehemently submitted that home town of the petitioner is Basti and this is borne out from the service book of the petitioner, and even assuming that the home town of the petitioner was Gonda, as per transfer policy the petitioner being a physically handicapped person could be posted in his home town on his own report subject to availability of post. Learned counsel has submitted that transfer order has been passed by way of punishment and cannot be sustained in the eye of law. 
Learned Standing Counsel, on the other hand, has submitted that the transfer is an incident of service and has tried to justify the impugned order. 
We have heard learned counsel for the parties and gone through the record. 
Admittedly, complaint was made by the Sangh on 21.12.2016 and on the very next day the petitioner was attached with the office of the District Basic Education Officer, Gonda and without there being any order of transfer the petitioner was relieved from Gonda and attached with the office of Additional Director of Education (Basic), Allahabad. The home town of the petitioner recorded in the service book is Basti and the petitioner, being a handicapped candidate, as per policy of the State Government, even assuming his home town was Gonda, could be continued in Gonda. 
We are, prima facie, of the opinion that the undue haste and the manner in which the petitioner has been removed from the post of Block Education Officer, Gonda and ultimately has been transferred out of Gonda smacks of mala fide and is by way of punishment. 
Notice on behalf of the respondents has been accepted by the office of the learned Chief Standing Counsel. 
Learned standing counsel prays for and is granted four weeks' time to file counter affidavit. Petitioner, if so advised, may file rejoinder affidavit within two weeks thereafter. 
List this case after the expiry of the aforesaid period. 
Till the next date of listing operation of the impugned order dated 30.5.2017, contained in Annexure No.1 to the writ petition, passed by the Additional Director of Basic Education, Directorate of Education, Allahabad shall remain stayed and the petitioner shall be allowed to continue on the post of Block Education Officer, Gonda and shall be paid his salary. 
Order Date :- 8.6.2017 

Anupam 



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UPTET SARKARI NAUKRI News - - विकलांग को ट्रांसफर करने , रिलीव के बाद ज्वाइन कराने में हो रही दिक्क्तों और उसके बाद रिप्रेसेंटेशन पर कॉम्पिटेंट अथॉरिटी के फैसला न लेने पर कोर्ट ने आदेश दिया की 4 हफ्ते में निर्णय लिया जाए और प्रमोशन को भी देखा जाए

UPTET SARKARI NAUKRI   News - - 

विकलांग को ट्रांसफर करने , रिलीव के बाद ज्वाइन कराने में हो रही दिक्क्तों और उसके बाद रिप्रेसेंटेशन पर कॉम्पिटेंट अथॉरिटी के फैसला न लेने पर कोर्ट ने आदेश दिया की 4 हफ्ते में निर्णय लिया जाए और प्रमोशन को भी देखा जाए 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 21 

Case :- SPECIAL APPEAL No. - 300 of 2017 

Appellant :- Parwati Singh 
Respondent :- State Of U.P. And 4 Others 
Counsel for Appellant :- Siddharth Khare,Shri Ashok Khare 
Counsel for Respondent :- C.S.C.,Grijesh Tiwari,Jay Ram Pandey 

Hon'ble V.K. Shukla,J. 
Hon'ble Mahesh Chandra Tripathi,J. 
Heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare; Shri Sanjay Kumar Singh, learned Standing Counsel; Shri Jai Ram Pandey, Advocate representing third and fourth respondents and Shri Girijesh Tiwari, Advocate representing fifth respondent. 
Parwati Singh w/o Ram Ashrey Singh is before this Court assailing the order dated 17.04.2017 passed by learned Single Judge in Writ A No.15757/2017 (Parwati Singh vs. State of U.P. and others) wherein the learned Single Judge has disposed of the Writ Petition with following observations:- 
"Heard learned counsel for the petitioner and Shri Grijesh Tiwari, learned counsel for the respondent No.5 and Shri Jay Ram Pandey, learned counsel for the respondents No.2, 3 and 4 as well as learned Standing Counsel for the respondent No.1. 
The petitioner is a Primary School Teacher of an Institution run by the Basic Education Board. By order dated 04.01.2017, she has been transferred from Purva Madhyamik Vidhyalaya Raipuria, Block-Narayanpur, District-Mirzapur to Purva Madhyamik Vidhyalaya Jamuhar, Block-Rajgarh, District-Mirzapur. Both are within the same district. 
It is not disputed that the petitioner's post is a transferable post. Only grievance of the petitioner is that she is a handicapped person and therefore, she cannot be transferred. 
The transfer that has been made is within the same district, that is, from one development area to another development area. The transfer is an incidence of service. As such, I am reluctant to interfere in the same. However, it is always open for the petitioner to approach the higher authorities in case she has any grievance. 
With the aforesaid observation, the writ petition is disposed of." 
Shri Ashok Khare, Senior Advocate precisely submits that while disposing of the aforementioned Writ Petition, the Learned Single Judge has not considered the most relevant aspect of the matter whereas the petitioner-appellant is physically handicapped candidate and her rights are moreover protected under the Transfer Policy of the State Government that has been holding the field and the transfer order which was impugned before the Learned Single Judge has been passed at the instance of Smt. Punita Singh-fifth respondent and while considering the representation of Smt. Punita Singh at no point of time the rightful claim of petitioner-appellant has been considered and the entire action of the Authorities is just to accommodate Smt. Punita Singh and as such, this Court should come for rescue and reprieve of the petitioner-appellant. 
Per Contra Shri Sanjay Kumar Singh, learned Standing Counsel as well as Shri Girijesh Tiwari, learned counsel for respondents have vehemently opposed prayer that has been so made by petitioner-appellant and submits that scope of judicial interference in the transfer matters is very limited and as such, no interference is required in the matter and the Learned Single Judge has rightly proceeded to non-suit the claim of petitioner-appellant and even leave was also accorded to the petitioner-appellant to agitate before the Higher Authorities and as such no interference is required in the matter. 
Shri Girijesh Tiwari, Advocate has informed us that promotion of petitioner itself has been cancelled on 02.01.2016 
We have proceeded to examine the record in question and what we find that fifth respondent Punita Singh had assailed the initial transfer order dated 07.10.2016 passed in Writ A No.56442 of 2016 (Punita Singh vs. State of U.P. and others) and the Learned Single Judge, in his turn, has proceeded to pass order dated 29.11.2016 setting aside the order dated 07.10.2016 and remitted the matter back to the Competent Authority to decide her claim by reasoned and speaking order considering the fact that Punita Singh has already been relieved from her present posting and before coming into existence the Government Order dated 30.08.2016. The order dated 29.11.2016 passed by learned Single Judge is reproduced hereunder:- 
"Heard Sri Grijesh Tiwari, learned counsel for the petitioner and Sri J.P. Pandey, learned counsel for the respondent no. 2 to 4. 
Contention is that the petitioner was initially transferred from Jamuhar to Sikandarpur on 29.06.2016 after getting approval of the Board. Subsequently, he was transferred from Sikandarpur to Chunar. Learned counsel for the petitioner submits that in pursuance of the said transfer order, the petitioner has been relieved on 07.10.2016 vide relieving order dated 07.02.2016, copy of which has been annexed as Annexure-4 to the writ petition. Thereafter, the transfer of the petitioner was cancelled vide impugned order dated 07.10.2016. Reliance has been placed on the Uttar Pradesh Basic Education (Teachers) Services Rules, 1981 clause 21 of which reads as follows: 
"21. Procedure for transfer.-There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board shall be necessary." 
Learned counsel for the petitioner submits that even though the petitioner has been relieved from the place of her original posting and at present she has nowhere to go. It has been further contended that the post at Raipuria, Chunar is still vacant and thus the petitioner can be easily absorbed on that post as she has already been released from her parent department. 
Having heard learned counsel for the parties and looking to the controversy in issue, the writ petition is being disposed of finally with a direction that the claim of the petitioner for being appointed as Head Mistress in pursuance of initial order, which has been approved by the Board be considered by the authority concerned. Accordingly, it is directed that in case petitioner files a fresh representation before the respondent no. 3 raising all her grievances within a period of one month from today along with a certified copy of this order, the same shall be heard and disposed of by respondent no. 2 by means of a reasoned and speaking order after giving opportunity of hearing to the petitioner preferably within a period of three months thereafter. 
In view of aforesaid, the impugned order dated 07.10.2016 is quashed and the matter is remitted back for being reconsideration by respondent no. 3 who will passed a reasoned and speaking order considering the fact that the petitioner has already been relieved from her present posting and before coming into existence of the Government Order dated 30.08.2016. 
With the aforesaid direction, the writ petition is disposed off finally." 
In the garb of the order dated 29.11.2016, the District Basic Education Officer, Mirzapur has proceeded to pass order dated 04.01.2017, which was impugned in the Writ Petition, transferring and accommodating Smt. Punita Singh from Primary School Jamuhar to Primary School Raipuria and vice-versa petitioner-appellant has been transferred to Primary School Jamuhar whereas she was already working as Head Master at Primary Schools Raipuria. 
We have proceeded to peruse the impugned order dated 04.01.2017 and what we find that while disposing of the Writ A No.56442 of 2016 (Punita Singh vs. State of U.P. and others), the Learned Single Judge has clearly proceeded to set aside the earlier order dated 07.10.2016 and the matter was remitted to the Competent Authority for reconsideration and it has also been directed to him to pass a reasoned and speaking order considering the entire facts of the matter. The order dated 04.10.2016 passed by District Basic Education Officer, Mirzapur nowhere provides as to why petitioner-appellant has been transferred to Primary School Jamuhar from Primary Schools Raipuria except the fact that there has been the order of this Court dated 29.11.2016 asking the Competent Authority to reconsider the matter of Punita Singh and pass reasoned and speaking order. Thus, it is clearly reflected that there is no consideration by the Competent Authority in passing the order impugned in the Writ Petition and the claim of petitioner-appellant has not been considered in its correct perspective and as such, we are of the considered opinion that the order dated 04.01.2017 passed in compliance of the order dated 29.11.2016 is unsustainable. Accordingly, the same is set aside and the present Special Appeal is allowed asking the Basic Education Officer, Mirzapur to reconsider the claim of petitioner-appellant and pass reasoned and speaking order considering the entire facts of the case, and at the said point of time District Basic Education Officer should satisfy himself as to whether promotion in question is still subsisting or not, as before us it has been informed that promotion order itself has been cancelled by the order of Principal, DIET, Mirzaur dated 02.01.2016, preferably within a period of four weeks from the date of production of certified copy of this order, but certainly after providing opportunity of hearing to the parties concerned. 
Order Date :- 24.5.2017 

A. Pandey 



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UPTET SARKARI NAUKRI News - - ऑनलाइन ट्रांसफर आवेदन पर निर्णय नहीं मिलने पर कोर्ट ने निर्णय लेने का आदेश जारी किया , आवेदनकर्ता एलिजिबिल होने पर ट्रांसफर देने को कहा

UPTET SARKARI NAUKRI   News - - 

ऑनलाइन ट्रांसफर आवेदन पर निर्णय नहीं मिलने पर कोर्ट ने निर्णय लेने का आदेश जारी किया , आवेदनकर्ता एलिजिबिल होने पर ट्रांसफर देने को कहा 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 32 

Case :- WRIT - A No. - 14841 of 2017 

Petitioner :- Rana Fhasahat 
Respondent :- State Of U.P. And 3 Ors. 
Counsel for Petitioner :- Jamal Ahmad Khan 
Counsel for Respondent :- C.S.C.,Shivam Yadav 

Hon'ble Abhinava Upadhya,J. 
Heard learned counsel for the petitioner and Shri Shivam Yadav, learned counsel for the respondents No.2 and 3 as well as learned Standing Counsel for the respondent-State.� 
The petitioner claims herself to be a Primary School Teacher, which Institution is run by the U.P. Basic Education Board. The petitioner has sought inter district transfer. At the current moment, she is at Inchauli, Rajpura, District-Meerut. 
It is submitted that the inter district transfer can be made only upon the request of the teacher and therefore, she applied on-line for transfer on 8.7.2016, but the same has not been considered so far. 
The writ petition is disposed of with the direction that the respondent No.2 may consider the claim of the petitioner and pass appropriate orders in accordance with law in case it is found that she is eligible for such transfer. 
Order Date :- 11.4.2017 
Ashish Tripathi 

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UPTET SARKARI NAUKRI News - - कॉन्ट्रेक्ट शिक्षिका पत्नी के आधार पर सचिव से ट्रांसफर मांगने वाले के आवेदन पर ४ महीने में निर्णय लेने को कहा

UPTET SARKARI NAUKRI   News - -


कॉन्ट्रेक्ट शिक्षिका पत्नी के आधार पर सचिव से ट्रांसफर मांगने वाले के आवेदन पर ४ महीने में निर्णय लेने को कहा


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 32 

Case :- WRIT - A No. - 22360 of 2017 

Petitioner :- Sunil Kumar 
Respondent :- State Of U.P. And 4 Ors. 
Counsel for Petitioner :- Babu Ram Yadav 
Counsel for Respondent :- C.S.C.,Mangla Prasad Rai,Mrigraj Singh 

Hon'ble Abhinava Upadhya,J. 
Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents No.1 and 2, Sri Mrigraj Singh, learned counsel appearing for respondent no.4 as well as Sri Mangla Prasad Rai , learned counsel appearing for respondents No.3 and 5. 
By means of this writ petition, the petitioner is seeking inter-district transfer on account of the fact that his wife is also Instructor on contract basis posted at Uchcha Prathamik Vidyalaya Harnakachhar Block Duddhi, district Sonbhadra and the petitioner is an Assistant Teacher in Primary School, Kandhi, Block Maharajganj, district Jaunpur. On account of the aforesaid fact, the petitioner is seekng transfer from Jaupur to Sonbhadra. The said order is contemplated under Rule 21 of� U.P.Basic Education (Teachers) Sevice Rules, 1981 which provides for inter district transfer. 
The appropriate authority to pass any order in this regard is Secretary, Basic Education before whom the claim of the petitioner is pending. 
The writ petition is disposed of with the direction to respondent no.3 to consider the claim of the petitioner and pass appropriate order within a period of four months from the date a certified copy of this order is produced before it. 
Order Date :- 19.5.2017 
VPC




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UPTET SARKARI NAUKRI News - Transfer milne ke baad Joining nahin dene par Court ne Joining dene ka aadesh diya -

UPTET SARKARI NAUKRI   News - Transfer milne ke baad Joining nahin dene par Court ne Joining dene ka aadesh diya - 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 32 

Case :- WRIT - A No. - 14921 of 2017 

Petitioner :- Rekha Jaiswal 
Respondent :- State Of U.P. And 3 Ors. 
Counsel for Petitioner :- Dharmendra Kumar Pandey 
Counsel for Respondent :- C.S.C.,Ram Prakash Shukla 

Hon'ble Abhinava Upadhya,J. 
Heard learned counsel for the petitioner and Shri Ram Prakash Shukla, learned counsel for the respondents No.2 and 3 as well as learned Standing Counsel for the respondent No.1-State.� 
By means of this writ petition, the petitioner has come to this Court raising a grievance that the petitioner is a teacher in a Primary School run by the Basic Education Board. The petitioner made a request for transfer and order of transfer was passed on 28.12.2016, by which, the petitioner was transferred from Primary School Jairampur Block, District-Bhadohi to Primary School Saraiya Block,�District-Bhadohi. When she went to join at Saraiya, the respondent No.4, who was also transferred from Prathmik Vidyalaya Saraiya Block, District-Bhadohi refused to give charge. The petitioner then filed a writ petition being Writ Petition No.2974 of 2017, which was disposed of by this Court by order dated 20.01.2017 directing the District Basic Education Officer to consider the claim of the petitioner. 
It appears that the District Basic Education Officer accepted the claim of the petitioner and directed her to join Primary School at Saraiya. The petitioner again was not allowed to join the Institution. Therefore, the petitioner made a representation to the respondent No.2 that in spite of direction of the District Basic Education Officer, she is not being allowed to join the Institution at Saraiya, District-Bhadohi. 
Shri R.P. Shukla, learned counsel for the respondent No.2, upon instruction, submits that the respondent No.4 has now been relieved from the Primary School Saraiya at the behest of District Basic Education Officer. Therefore, now the writ petition has been rendered infructuous. 
I have considered the submissions of the learned counsel for the parties. 
The writ petition is disposed of with the direction that if the respondent No.4 has been relieved from the Primary School Saraiya, there is no impediment for the petitioner to join in the Primary School Saraiya. Therefore, a direction is issued to the District Basic Education Officer to consider the claim of the petitioner and allow her to join at Primary School Saraiya since now, a post is vacated as per instruction of the Shri R.P. Shukla, learned counsel for the respondents No.2 and 3. 
Order Date :- 11.4.2017 

Ashish Tripathi 



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UPTET SARKARI NAUKRI News - पति के सरकारी सेवा में होने के आधार पर बेसिक शिक्षिका ने माँगा ट्रांसफर , विभाग ने निर्धारित प्रोफार्मा में आवेदन न होने की बात कही , कोर्ट ने माना की विभाग ने निर्णय नहीं लिया और विभाग को कहा की निर्णय ले व् स्पीकिंग ऑर्डर में जवाब शिक्षिका को दे -

UPTET SARKARI NAUKRI   News - पति के सरकारी सेवा में होने के आधार पर बेसिक शिक्षिका ने माँगा ट्रांसफर , विभाग ने निर्धारित प्रोफार्मा में आवेदन न होने की बात कही ,
कोर्ट ने माना की विभाग ने निर्णय नहीं लिया और विभाग को कहा की निर्णय ले व् स्पीकिंग ऑर्डर में जवाब शिक्षिका को दे - 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 17 

Case :- WRIT - A No. - 8996 of 2017 

Petitioner :- Smt. Shilpa Singh 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Rishu Mishra,Uma Kant Mishra 
Counsel for Respondent :- C.S.C.,Awadhesh Kumar,Brij Bhushan Prasad Shriv 

Hon'ble Manoj Kumar Gupta,J. 
Heard counsel for the petitioner, learned standing counsel for respondent no.1, Sri Awadhesh Kumar and Sri Brij Bhushan Prasad Srivastava appearing on behalf of respondent nos. 2, 3 and 4. 
The petitioner who is presently working as Assistant Teacher in Junior High School, Ekadgawan Development Block Gilaula, District Shrawasti, sought her transfer to an institution in district Basti on the ground that her husband is working as Headmaster in Primary Pathshala, Gangapur-II, Development Block Kaptanganj, District Basti. The application in that regard was filed by the petitioner� on 18.10.2016. The grievance of the petitioner is that no decision has been taken on the said application by the respondents. 
Learned counsel appearing on behalf of respondents 2, 3 and 4 submitted that a circular has been issued by the Board prescribing the format for submitting application for inter-district transfer. It is urged that the application filed by the petitioner� does not seem to have been field in the said proforma. 
It is not disputed before this Court that the Board has yet not taken any decision on the application filed by the petitioner seeking inter-district transfer. In such view of the matter, this Court is of the opinion that the interest of justice would be served in directing the U.P. Basic Shiksha Parishad, Allahabad� to take decision in the matter by means of� a speaking order. 
It is directed accordingly. 
Decision in this regard shall be taken by the Board within a period of six weeks from the date of production of a certified copy of this order alongwith fresh representation as well as a photostat copy of the application dated 18.10.2016. 

(Manoj Kumar Gupta, J.)������������������� 
Order Date :- 28.2.2017 
skv 




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UPTET SARKARI NAUKRI News -सचिव को सीधा ट्रांसफर आवेदन किया, कोर्ट में याचिका दायर कर जवाब मांगा, कोर्ट ने 2 महीने के अंदर निर्णय लेने को कहा -

UPTET SARKARI NAUKRI   News -सचिव को सीधा ट्रांसफर आवेदन किया, कोर्ट में याचिका दायर कर जवाब मांगा, कोर्ट ने 2 महीने के अंदर निर्णय लेने को कहा - 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 17 

Case :- WRIT - A No. - 13691 of 2017 

Petitioner :- Smt. Anuj Mahalwal 
Respondent :- State Of U.P. And 2 Others 
Counsel for Petitioner :- Lavkush Kumar Bhatt 
Counsel for Respondent :- C.S.C.,Mohd Shere Ali 

Hon'ble Abhinava Upadhya,J. 
Heard learned counsel for the petitioner; Mohd Shere Ali, learned counsel appearing for the respondents no. 2 and 3 as well as the learned Standing Counsel appearing for the State-respondent no. 1. 
The petitioner is an Assistant Teacher in a Primary School, namely, Prathmik Vidyalaya Ballo Khas, Vikas Khand-Siswa, District-Maharajganj. It is submitted that the petitioner is a permanent Teacher and is serving in the rural area of District-Maharajganj. By means of an application dated 8.11.2016, addressed to the Secretary, Basic Education Board, Allahabad, the petitioner has prayed for transfer to Amroha which is another district. 
According to Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 such a transfer is possible but only on the request of the Teacher with the consent of the authority. 
Let the application of the petitioner dated 8.11.2016 be decided by respondent no. 2 within a period of two months from the date a certified copy of this order is presented before it. 
With the aforesaid direction, the writ petition is disposed of. 
Order Date :- 3.4.2017 
Sunil Kr. Gupta 




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UPTET SARKARI NAUKRI News - बेसिक की ऑफलाइन ट्रांसफर अपारदर्शी और कोर्ट ने स्टे लगाया -

UPTET SARKARI NAUKRI   News - बेसिक की ऑफलाइन ट्रांसफर अपारदर्शी और कोर्ट ने स्टे लगाया -

हालाँकि आगे के केस स्टेटस में देख कर ही पता चलेगा कि स्टे हटा की नहीं  

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 7 

Case :- SERVICE SINGLE No. - 333 of 2017 

Petitioner :- Mohd. Arif And Another 
Respondent :- State Of U.P. Thru Secy.Basic Edu.Govt.Of Up Lucknow & Ors. 
Counsel for Petitioner :- Krishan Kanhaya Pal,Pooja Pal 
Counsel for Respondent :- C.S.C.,Manish Mishra 
connected with 
Case :- SERVICE SINGLE No. - 489 of 2017 

Petitioner :- Manju Singh 
Respondent :- State Of U.P. Thru Prin.Secy.Edu.Basic Civil Sectt.Lko.&Ors. 
Counsel for Petitioner :- Yogendra Kumar Pandey 
Counsel for Respondent :- C.S.C.,Ajay Kumar 
and 
Case :- SERVICE SINGLE No. - 587 of 2017 

Petitioner :- Manish Kumar Bajpai & Ors 
Respondent :- State Of U.P Thru Secy Basic Edu Lko & Ors 
Counsel for Petitioner :- Manjive Shukla 
Counsel for Respondent :- C.S.C,Manish Mishra,Rajiv Singh Chauhan 
and 
Case :- SERVICE SINGLE No. - 795 of 2017 

Petitioner :- Faheem Beg 
Respondent :- State Of U.P. Thru Prin.Secy.Basic Edu.Civil Sectt.Lko.&Ors. 
Counsel for Petitioner :- Karunesh Singh Pawar 
Counsel for Respondent :- C.S.C.,Ajay Kumar,Manish Mishra 
Hon'ble Devendra Kumar Upadhyaya,J. 
Pursuant to order dated 25.01.2017, Sri D.P.Singh, Special Secretary, Department of Basic Education is present.� He has stated that after issuance of the Government Order dated 23.06.2016, the State Government has issued another Government Order dated 19.12.2016 providing therein that in terms of the earlier transfer policy embodied in the Government Order dated 23.06.2016, the remaining on-line application forms submitted by the teachers seeking their inter-district transfers can be considered in terms of the earlier policy itself.� The Government Order dated 19.12.2016 is taken on record. 
However, on a query being put to him as to whether before passing the transfer order dated 03.01.2017 whereby several inter-district transfers of the teachers has been effected, prior approval of the Basic Education Board, as is required to be taken under Rule 21 of U.P. Basic Education (Teachers) Service Rules, 1981, was taken or not, it has been stated by Sri D.P.Singh, Special Secretary that no such approval was sought before passing the order dated 03.01.2017.�� 
Such a course adopted by the State Government while passing the transfer order on 03.01.2017 is not only against the statutory provisions contained in Rule 21 of the aforesaid Rules but is also in violation of the Government Order dated 23.06.2016. 
It is noticeable that the Government Order dated 19.12.2016 permitted consideration of remaining on-line applications only in terms of the Government Order dated 23.06.2016 and as such without seeking approval of the Basic Education Board, no such inter-district transfers could have been effected. 
At this juncture, learned counsel for the petitioner has stated that it is not only that only one order on 03.01.2017 effecting several inter-district transfers of teachers was passed but there are several such orders. 
Learned Chief Standing Counsel on the basis of instructions received from Special Secretary present today has stated that in fact on 03.01.2017 two orders effecting several inter-district transfers of teachers have been passed by the State Government.� He has also stated that these two orders passed on 03.01.2017 contain lists of teachers most of whom had submitted off-line applications, which was impermissible under the Rules and the Government Order. 
Such a procedure of effecting inter-district transfer is neither contemplated in Rule 21 of the Rules nor in the Government Order dated 23.06.2016. 
This bunch of writ petitions contain averments that while effecting inter-district transfers of teachers, the Basic Education Board and the respective Basic Shiksha Adhikaris have not followed the priority as contemplated in the Government Order dated 23.06.2016.� There appears to be large scale discrepancies in the inter-district transfers made by the respondents. 
Any statute or statutory Rules or even a Government Policy is binding on the Government as much as it is binding on others.�� The facts of this case clearly establish that State Government has acted against its own norms which are embodied in the Service Rules, 1981 and the Government order dated 23.06.2016.� Further, despite prescribing that only on-line applications seeking inter-district transfer shall be considered, the State Government while passing at least two orders on 03.01.2017 has considered off-line applications of teachers and passed orders thereon, which has not only resulted in making the process adopted by the Government non-transparent but has also deprived several teachers of the opportunity of making applications.� Such a course adopted by the State Government is, thus, prima facie, arbitrary and also suffers from the vice of malice in law as prima facie there is no justification for deviation from the prescribed norms. 
Accordingly, till further orders of this Court, operation and implementation of these two orders said to have been issued by the State Government on 03.01.2017 effecting inter-district transfers of the teachers in Primary and Junior High Schools in the State of U.P. are hereby stayed. 
The teachers who have been transferred in terms of the said orders will not be allowed to work and discharge their duties at the places of their new posting.� They shall, however, be permitted to discharge their duties in the schools where they have been working prior to passing of the orders on 03.01.2017 by the State Government. 
Let counter affidavit be filed in these matters by the respondents within a period of two weeks.� One week's time thereafter shall be available to learned counsel for the petitioners to file rejoinder affidavit. 
List after expiry of the aforesaid period showing the name of Sri Upendra Nath Mishra as counsel for the respondent. 
It will be open to the teachers who are affected by the order passed on 03.01.2017 by the State Government to seek their intervention in this case. 
Order Date :- 27.1.2017 
Renu/- 

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