Shiwani Bandhu v. State of U.P. and 2 Others
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Case :- WRIT - A No. - 4579 of 2021…
Case :- WRIT - A No. - 4579 of 2021…
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Court No. - 5
Case :- WRIT - A No. - 4579 of 2021
Petitioner :- Shiwani Bandhu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Randhir Singh Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Shyam Krishna Gupta, learned counsel for respondent nos.2 & 3.
The petitioner is working as Assistant Teacher in Primary School, Ramnagar Nyay Panchayat Ramgarhi, Block-Gilola, District Shrawasti. The petitioner is a divorcee and her daughter is suffering from liver ailment and is undergoing treatment at Gangaram Hospital, New Delhi, copy of the prescription slips is enclosed as Annexure 5 to the writ petition.
The petitioner has submitted an online application to the responden-authority on 14.01.2020 seeking transfer from Shrawasti to Moradabad on the ground of ailment of her daughter.
The grievance of the petitioner is that despite the personal difficulty being faced by the petitioner and in the light of the judgement of this Court in the case of Divya Goswami Vs. State of U.P. and 3 Others in Writ-A No.878 of 2020 , authorities are under obligation to consider the application of the petitioner for transfer, but respondent no.2 is sleeping over the matter and has not yet taken any decision.
Learned counsel for the respondents submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction may be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case and with the consent of the parties, the writ petition is disposed of permitting the petitioner to file a fresh representation before the respondent no.2- Secretary, Basic Education Board, Prayagraj, annexing therewith the online application dated 14.01.2020, raising all her grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same in the light of judgement of this Court in the case of Divya Goswami
(supra) by a reasoned and speaking order within a period of four weeks thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 14.7.2021 Sattyarth
Shiwani Bandhu
State Of U.P.
Secretary, Basic Education Board, Prayagraj
Saral Srivastava
As recorded by the court registry
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