Disposed¶9

Alpana Tewari and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others

Allahabad HC2 Jul 2024/4846/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench (Manish Mathur, J., 2.7.2024) — mutual transfer; Basic Education Board, Prayagraj — challenge to transfer order dated 2.6.2023 and letter dated 19.6.2024 not pressed — petitioners directed to join at transferred place with liberty to seek fresh transfer by fresh representation, to be decided on merits within three weeks — writ petition disposed of without entering into merits.

What did the court decide?

Petitioners to join at the transferred place on the basis of the mutual transfer, with liberty to file fresh individual representations before the authority concerned seeking fresh transfer, such representations to be considered and decided on merits in accordance with law within three weeks of filing. ¶9

Alpana Tewari and Another Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Challenge to the order dated 2nd June, 2023 and the letter dated 19th June, 2024 issued by the Basic Education Board, Prayagraj.

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Ratio / Principle

The Court directed that the petitioners shall join at the transferred place on the basis of the mutual transfer, whereafter liberty is granted to them to file a fresh individual representation before the authority concerned seeking fresh transfer.

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Key takeaways

If such a fresh representation is filed, the authority concerned shall consider and decide it on merits in accordance with law within three weeks thereafter.ratio¶8
The writ petition was disposed of on the innocuous prayer of the petitioners without entering into the merits of the case; the challenge to the impugned order and letter was not pressed.ratio¶8

Detailed headnote1 paragraphs

Neutral Citation: 2024:AHC-LKO:45044. High Court of Judicature at Allahabad, Lucknow Bench (Manish Mathur, J.; order dated 2.7.2024) in WRIT - A No. 4846 of 2024. Petitioners (Alpana Tewari and another) challenged an order dated 2nd June, 2023 and a letter dated 19th June, 2024 issued by the Basic Education Board, Prayagraj, arising out of a mutual transfer for which they had earlier given consent and pursuant to which a transfer order had been issued. At the hearing, learned counsel did not press the challenge, submitting that due to family circumstances the petitioners could not be posted at the place of the earlier transfer, and sought liberty to move a fresh representation for nearby posting to their earlier place of posting. Without entering into the merits of the case, the Court directed the petitioners to join at the transferred place on the basis of the mutual transfer and granted liberty to file fresh individual representations seeking fresh transfer, which the authority concerned is to consider and decide on merits in accordance with law within three weeks of filing. Notice to opposite party No.6 was dispensed with. Writ petition disposed of.

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Neutral Citation No. - 2024:AHC-LKO:45044

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Court No. - 18

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Case :- WRIT - A No. - 4846 of 2024 Petitioner :- Alpana Tewari And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education Lko. And 5 Others Counsel for Petitioner :- Saurabh Mishra,Indra Pratap Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Ravi Prakash Yadav,Rishabh Tripathi

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners, learned State Counsel appearing on behalf of opposite parties 1,2 and 4, Mr. Ranvijay Singh learned counsel for opposite party No.3 and Mr. Ravi Prakash Yadav learned counsel for opposite party No.5. In view of order being passed, notice to opposite party No.6 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 petitioners does not wish to press the aforesaid prayers. It is submitted that although earlier petitioners 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 petitioners to be posted at the place where earlier transfer has been sought. On the basis of instructions learned counsel for petitioners submits that petitioners may be given liberty to move a fresh representation before the authority concerned for nearby posting to their earlier place of posting.

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Considering innocuous prayer being made by learned counsel for petitioners and without entering into the merits of the case, it is directed that petitioners shall join at the transferred place on the basis of mutual transfer whereafter liberty is granted to petitioners to file a fresh individual 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

Alpana Tewari and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Alpana Tewari and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Basic Education Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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