Disposed

Smita Saran v. State of U.P. and 2 Others

Allahabad HC26 Sept 2023WRIA/11091/2023

Case brief

AI extract

What is this about?

This writ petition concerned a teaching staff member seeking inter-district transfer due to her daughter's Cerebral Palsy. The court noted the State Government's order initiating such transfers. It directed the Secretary, U.P. Basic Education Board, to consider the petitioner's representation and decide it within two months, with no direct transfer order issued.

What did the court decide?

Direction issued to the Secretary, U.P. Basic Education Board to consider and decide the petitioner's representation dated 28.08.2023 within two months.

Smita Saran Vs State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188297

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Court No. - 36

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Case :- WRIT - A No. - 11091 of 2023

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Petitioner :- Smita Saran Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamla Singh,Pankaj Dwivedi Counsel for Respondent :- C.S.C.,Archana Singh

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Hon'ble Manjive Shukla,J.

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Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No. 1 as well as Smt. Archana Singh, learned counsel appearing for the Respondents No. 2 and 3.

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State Government issued a Government order on 02.06.2023 whereby exercise of inter-district transfers of the teachers working in the schools run by the U.P. Basic Education Board was started. Petitioner pursuant to aforesaid exercise of inter-district transfers, submitted application form whereby she requested for her transfer from District Siddharth Nagar to District Prayagraj or Sultanpur or Pratapgarh.

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Learned counsel appearing for the petitioner has submitted that petitioner's daughter is suffering with the disease known as Cerebral Palsy but since the State Government under the aforesaid Government order has not provided any weightage marks for the disease-Cerebral Palsy, therefore, petitioner could not claim weightage marks against the said disease. Learned counsel appearing for the petitioner has further submitted that since daughter of the petitioner is suffering with severe disease i.e. Cerebral Palsy, therefore, it is desirable that petitioner should be transferred to the district of her choice but due to non inclusion of said disease, petitioner is in difficult situation and has not been transferred till date.

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Learned counsel appearing for the petitioner has also invited attention of this Court that during the pendency of this writ petition, petitioner has submitted her representation on 28.08.2023 to the Secretary, U.P. Basic Education Board, Prayagraj whereby she has requested for her transfer from District Siddharth Nagar to the District of her choice.

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Learned counsel appearing for the petitioner has also argued that Rule 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008 provides that Secretary, U.P. Basic Education Board, Prayagraj may pass the order for inter-district transfer in respect of female teacher for facilitating her to reside either at the residence of her spouse or at the residence of her in-laws and thus has submitted that the Secretary, U.P. Basic Education Board, Prayagraj has been empowered by the legislature to consider the situations where the teachers are in difficulty and in the present case since daughter of the petitioner is suffering from diseaseCerebral Palsy, therefore, it is in the interest of justice that she may be transferred to the place of her choice.

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On the other hand, Smt. Archana Singh, learned counsel appearing for the Secretary, U.P. Basic Education Board, Prayagraj has submitted that ends of justice would be served if a direction is issued by this Court to the Secretary, U.P. Basic Education Board, Prayagraj to consider and decide the petitioner's representation dated 28.08.2003 within a fixed time frame.

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I have considered the rival submissions advanced by the learned counsels appearing for the parties and I find that daughter of the petitioner is suffering from Cerebral Palsy and therefore, her representation is liable to be considered by the Secretary, U.P. Basic Education Board, Prayagraj.

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In view of the aforesaid submissions advanced by learned counsels appearing for the parties, this writ petition is finally disposed of with a direction to the Secretary, U.P. Basic Education Board to consider and decide the petitioner's representation dated 28.08.2023 within two months from the date of presentation of certified copy of this order.

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Order Date :- 26.9.2023 A. Mandhani

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Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad

Smita Saran v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smita Saran v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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