Disposed

Arpana Kumari (Arpana) v. State of U.P. Thru. the Addl. Chief Secy. Deptt. of Basic Education Lko. and 6 Others

Allahabad HC2 Jul 2024/4844/2024

Case brief

AI extract

What is this about?

Writ petition challenging transfer order disposed without adjudicating merits. Petitioner directed to join transferred posts per mutual transfer and granted liberty to file fresh representation for nearby posting within three weeks.

What did the court decide?

Petitioner directed to join transferred place; liberty granted to file fresh representation for nearby posting to be decided within three weeks.

Arpana Kumari (Arpana) Vs State of U.P. Thru. the… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44870

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Court No. - 18

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Case :- WRIT - A No. - 4844 of 2024 Petitioner :- Arpana Kumari (Arpana) Respondent :- State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Basic Education Lko. And 6 Others

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Counsel for Petitioner :- Saurabh Mishra,Indra Pratap Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Ravi Prakash Yadav

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1,2 and 4, Mr. Ranvijay Singh learned counsel for opposite party No.3, Mr. Ravi Prakash Yadav learned counsel for opposite party No.5, Mr. Sunil Kumar Advocate holding brief on behalf of Mr. Udai Veer Singh learned counsel for opposite party No.6. In view of order being passed, notice to opposite party No.7 stands dispensed with.

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Petition has been filed seeking challenge to the order dated 2nd June, 2023 and letter dated 19th June, 2024 issued by Basic Education Board, Prayagraj.

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However after advancing arguments at some length learned counsel for petitioner does not wish to press the aforesaid prayers. It is submitted that although earlier petitioner had given consent for mutual transfer, in pursuance of which transfer order had been issued but subsequently due to family circumstances, it is not possible for petitioner to be posted at the place where earlier transfer has been sought. On the basis of instructions learned counsel for petitioner submits that petitioner may be given liberty to move a fresh representation before the authority concerned for nearby posting to her earlier place of posting.

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Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, it is directed that petitioner shall join at the transferred place on the basis of mutual transfer whereafter liberty is granted to petitioner to file a fresh representation before the authority concerned seeking fresh transfer. In case such a representation is filed, the same shall be considered and decided on merits in accordance with law within a period of three weeks thereafter.

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With the aforesaid directions, the writ petition stands disposed of.

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Order Date :- 2.7.2024 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Arpana Kumari (Arpana) v. State of U.P. Thru. the Addl. Chief Secy. Deptt. of Basic Education Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

Arpana Kumari (Arpana) v. State of U.P. Thru. the Addl. Chief Secy. Deptt. of Basic Education Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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