Petitioner, an Assistant Teacher, challenged inaction regarding her online application for inter-district transfer from Allahabad to Etawah, seeking orders from the authority to expedite the decision within six weeks.
Directed respondent no. 4 to pass appropriate orders on petitioner's application expeditiously within six weeks.
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Court No. - 18
Case :- WRIT - A No. - 27646 of 2018
Petitioner :- Smt. Minakshi Rajpoot Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nitin Kumar Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Prakash Padia,J.
Heard Sri Nitin Kumar, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent no. 1 and Sri A.K.S Yadav, learned counsel has put in appearance on behalf of respondent nos. 2 and 3.
With the consent of the parties the writ petition is being disposed of finally at this stage itself.
The facts as narrated in the writ petition are that the petitioner is working as Assistant Teacher in primary school Sahalolwa, Block-Karchhana, district Allahabad. According to the petitioner she was appointed as Assistant Teacher on 14.12.2009 and posted in primary school Purwa Maku, BlockAchhalada, District Auraiya. Subsequent to her appointment letter she joined her duties on 16.12.2009. In para 5 of the writ petition it is contented that on 10.10.2013 petitioner applied for transfer and her transfer was allowed and she was transferred from district Auraiya to Allahabad and she joined her duties at Allahabad on 15.10.2013. It is contented by the petitioner that her husband is posted as Assistant Teacher in primary school Nagala Subhan, Block-Saifae, District Etawah. It is contented in para 10 of the writ petition that rules were already framed by the State Government for transfer and posting of the teachers working in basic eduction department viz. Uttrar Pradesh Basic Education (Teachers) (Posting) Rules, 2008. According to the aforesaid rules in the normal circumstances the application for inter district transfers in respect of male and female teachers will not be entertained without five years of their posting, but under special circumstances, the application for inter district transfer in respect of female teachers would be entertained to the place of residence of their husband or in law's district.
In this regard it submitted that the petitioner has already submitted online application for her transfer from Allahabad to Etawah. Copy of the online application is appended as Annexure-5 to the writ petition. As no orders were passed on the said application by the authority the petitioner has filed the present writ petition before this Court.
In the facts and circumstances of the case, in the interest of justice this Court direct respondent no. 4 to pass appropriate orders on the application of the petitioner which was submitted online expeditiously, preferably within a period of six weeks from the date of production of a certified copy of this order along with a fresh representation.
With the aforesaid observation, the writ petition stands disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the matter and the competent authority will take a decision independently, in accordance with law.
Order Date :- 11.1.2019 M.A.Ansari
Smt. Minakshi Rajpoot
State Of U.P.
Prakash Padia
As recorded by the court registry
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