The High Court, through a learned Judge, refused to entertain a writ petition challenging a transfer order moving a petitioner from Kanpur to Kannauj, upholding a prior Division Bench decision that such inter-district transfers are permissible under the U.P. Basic Education Act.
The writ petition challenging the transfer order was dismissed.
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Court No. - 83
Case :- WRIT - A No. - 3289 of 2020
Petitioner :- Om Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
Hon'ble Ajay Bhanot,J.
The petitioner has assailed the transfer order dated 11.11.2019 passed by the Secretary, Basic Education Board, Uttar Pradesh at Prayagraj transferring the petitioner from Kanpur to Kannauj.
Sri Navin Kumar Sharma, learned counsel for the petitioner submits that the petitioner is an employee of the Uttar Pradesh Basic Education Board. He cannot be transferred from one to another. He shall remain posted only in district Kanpur.
Per contra, learned counsel for the respondent-Board calls attention to various provisions in U.P. Basic Education Act and the law laid down by a Division Bench of this Court in Shashi Dutt Pandey Vs Baleshwar Tyagi , reported at 1990 (2) UPLBEC 905 . The relevant provision in which the emphasis were placed are extracted here under:
"Transfer of Employees.-- (1) On and from the appointed day every teacher, officer and other employees serving under a local body exclusively in connection with basic schools (including any supervisory or inspecting staff) immediately before the said day shall be transferred to and become a teacher, officer or other employee of the Board and shall hold office by the same tenure, at the same remuneration and upon the same other terms and conditions of service as he would have held the same if the Board had not been constituted and shall continue to do so unless and until such tenure, remuneration and other terms and conditions are altered by the rules made by the State Government in that behalf. Provided. . . . . . . . . . under the Board. (Omitted as not relevant) Provided. . . . . . . . . . . accordingly. (Omitted as not relevant)
(3) Notwithstanding anything In sub-section (1), any person referred
to therein, who becomes an employee of the Board shall be liable to be transferred from the school or from the local area In which he was employed immediately before the appointed day to any other school or Institution belonging to Board or : as the case may be to any other local area at the same remuneration and on the same other terms and conditions of service as governed him immediately before such transfer until such tenure, remuneration and other terms and conditions are altered by the rules referred to in sub-section (1). Provided. . . . . . . . . . consent. (Omitted as not relevant)."
The learned Division Bench after constituting the aforesaid provision shall be persuaded by the arguments that the employees cannot be transferred from one district to another district by holding thus:
"(3) Sub-Section (3) of Section 9 of the Act is a complete answer to the submission made by the learned counsel for the appellant. It clearly provides that after the appointed day, any teacher, officer or an employee of a Zila Parlshad, who becomes an employee of the Board, can be transferred from one local area to another local area. Therefore, the transfer of the appellant from ballla to Gonda is clearly permissible under the provisions of the Act by which he is governed."
I find that the case is covered by the law laid down in Shashi Dutt Pandey (supra) .
The writ petition is dismissed. Order Date :- 14.10.2020 Ashish Tripathi
1 issue framed by the court
Whether an employee of the Uttar Pradesh Basic Education Board can be transferred from one district to another.
Colour shows how this judgement treated each authority
Shashi Dutt Pandey Vs Baleshwar TyagiFollowed¶5
1990 (2) UPLBEC 905
1 provisions across 1 enactments
Om Prakash
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
