Dismissed¶¶39

Bushra Firdaus v. State of U.P. and 5 Others

Allahabad HC23 May 2022SPLAD/724/2021

Case brief

AI extract

What is this about?

inter-district transfer; intra-State transfer; recall of transfer order; rural local area cadre; urban local area cadre; incorrect information in transfer application; Government Order dated December 2019; Board of Basic Education; House Rent Allowance and cadre determination; Assistant Teacher primary institution; Chitakoot to Rampur; learned Single Judge writ dismissal; Special Appeal Defective No. 724 of 2021; Special Appeal Defective No. 721 of 2021; Writ A No. 6418 of 2021; Allahabad High Court; decided May 23, 2022; Rajesh Bindal Chief Justice; Piyush Agrawal J.

What did the court decide?

None; appeals dismissed with no order as to costs. ¶¶39

Bushra Firdaus Vs State of U.P. and 5 Others — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

None; appeals dismissed with no order as to costs.

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Issue for consideration

Whether the impugned common judgment of the learned Single Judge dismissing the writ petitions against recall of the appellants' inter-district transfer orders calls for interference, in light of the finding that incorrect information regarding rural/urban local area cadre was furnished for the transfer. +1 more

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Court's answer

On verification it was revealed that the appellant, who belonged to the rural local area cadre, had sought transfer to the urban local area cadre based on incorrect information; such inter-change of cadre was not permissible in the absence of any formal order, and therefore the appellant was rightly directed to re-join at her original place of posting.

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Ratio / Principle

Residence of the appellant for payment of House Rent Allowance for the urban local area has no relevance for determining her cadre; the appointment letter on record shows that her appointment was in the rural local area cadre.

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Key takeaways

In the absence of any material on record to show that the appellants belong to the urban local area cadre, no case is made out for interference with the order passed by the learned Single Judge; consequently the appeals fail and are dismissed.ratio¶¶38

Detailed headnote1 paragraphs

Allahabad High Court (Rajesh Bindal, C.J. and Piyush Agrawal, J.; order authored by Piyush Agrawal, J.) dismisses two intra-Court special appeals (Special Appeal Defective Nos. 724 and 721 of 2021) challenging the learned Single Judge's common judgment dated August 27, 2021 in Writ A No. 6418 of 2021, whereby the writ petitions against recall of the appellants' inter-district transfer orders were dismissed. Held: the appellants, Assistant Teachers in primary institutions appointed in the rural local area cadre, had obtained transfer to the urban local area cadre on the basis of incorrect information; such inter-change of cadre was impermissible in the absence of any formal order, and they were rightly directed to re-join their original place of posting. Receipt of House Rent Allowance for the urban area, or residence therein, has no relevance for determining cadre, the appointment letter showing rural cadre appointment. Absent material showing urban cadre membership, no case for interference was made out. Appeals dismissed; no order as to costs.

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Chief Justice’s Court Fresh List Serial No. 18

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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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SPECIAL APPEAL DEFECTIVE No. - 724 of 2021

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(In Writ A No. 6337 of 2021)

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Decided on May 23, 2022

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Bushra Firdaus

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Through:- Mr. Ashok Khare, Senior Advocate with Mr. Siddharth Khare, Advocate.

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v/s

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State of U.P. and others

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Through:- Mrs. Archana Singh, Additional Chief Standing Counsel

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With

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SPECIAL APPEAL DEFECTIVE No. - 721 of 2021

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(In Writ A No. 6343 of 2021)

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Shilpee

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Through:- Mr. Ashok Khare, Senior Advocate with Mr. Siddharth Khare, Advocate.

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v/s

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State of U.P. and others

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Through:- Mrs. Archana Singh, Additional Chief Standing Counsel

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Coram : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PIYUSH AGRAWAL, JUDGE

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ORDER

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PIYUSH AGRAWAL, J.

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The present intra-Court appeals have been preferred

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2 Special Appeal Defective No. 724 of 2021 assailing the common judgement & order dated August 27, 2021 passed in leading Writ A No. 6418 of 2021, vide which the writ petitions filed by the appellants against their transfer orders have been dismissed.

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As the issues involved in these appeals are similar arising out of common judgement and order, hence the same are being decided by the common order.

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The facts of Special Appeal No. 724 of 2021 are taken for the purpose of deciding these two appeals.

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The appellant applied for intra-State or inter-District transfer on the strength of Government Order dated December 9, 2019, which was accorded. The application was processed and she was transferred at her requested place. Later on, on scrutiny of documents, it revealed that the disclosed information given by the appellant was incorrect and therefore her transfer order was recalled. The appellant preferred writ petition before this Court, which was dismissed by the learned Single Judge by the impugned order.

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Learned Senior Counsel appearing for the appellant submits that transfer of the appellant had been sanctioned by the Board of Basic Education and on February 2, 2021, the appellant was relieved from her place of posting in district Chitakoot to join at the transferred place i.e. Rampur vide order dated February 02, 2021. But on May 10, 2021, the appellant was directed to re-join at her original place of posting i.e. district Chitakoot. Feeling aggrieved, the appellant preferred writ petition before this Court, which was dismissed by the learned Single Judge vide impugned order holding

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3 Special Appeal Defective No. 724 of 2021

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that incorrect information was given by the appellant for seeking her inter -district transfer. He prays for allowing the appeal.

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Per contra, learned Standing Counsel supports the impugned order and prays that the present appeals are liable to be dismissed summarily. He submitted that the appellants herein got the benefit of the policy by furnishing wrong information hence, the order was rightly recalled.

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After hearing learned counsel for the parties and perusing the record, the undisputed fact that emerges is that the appellant was appointed as Assistant Teacher in primary institution. After the issuance of Government Order dated December 2, 2019, appellant submitted application seeking her transfer, which was approved. Subsequently on verification it was revealed that incorrect information was furnished by the appellant for transfer that she belonged to the rural local area cadre while sought her transfer to urban local area cadre. The said inter-change of cadre was not permissible, in the absence of any formal order. Therefore, the appellant was rightly directed to re-join at her original place of posting.

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The appellant has also failed to bring on record any cogent reason or material to show that her posting was in urban local area cadre instead of rural local area cadre.

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Learned Senior Counsel, at this juncture, has submitted that the appellant was receiving House Rent Allowance of urban area. Therefore, she should be treated in Urban Local Area Cadre. The appointment letter issued to the appellant is on record, which shows

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4 Special Appeal Defective No. 724 of 2021

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that her appointment was in rural local area cadre. Merely, the residence of appellant for payment of House Rent Allowance for urban local area has no relevance for determining the cadre of the appellant.

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It is stated at bar that the appellants have joined at their original place of posting.

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In view of the facts stated above as well as in the absence of any material available on record to show that the appellants belong to urban local area cadre, no case is made out for interference with the order passed by the learned Single Judge.

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The appeals fail and are accordingly dismissed .

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There shall be no order as to costs.

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(Piyush Agrawal) (Rajesh Bindal) Judge Chief Justice Allahabad May 23, 2022 Rahul Dwivedi

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Whether the order is reportable: Yes

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Digitally signed by RAHUL DWIVEDI Date: 2022.05.24 11:13:48 IST Reason: Location: High Court of Judicature at Allahabad

Bushra Firdaus v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Bushra Firdaus v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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