Disposed

Rashmi Dixit @ Rashmi Pandey and Another v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko and 3 Others

Allahabad HC17 Oct 2024/6551/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench disposed of a writ petition allowing petitioners to opt for a change of cadre from rural to urban area under existing rules, directing authorities to process the option within one week of receipt.

What did the court decide?

Petitioners allowed option to opt for urban area cadre within three days; authority to consider option and pass order within one week.

Rashmi Dixit @ Rashmi Pandey and Another… — Pension and Retirement Benefits | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:69964

¶2

Court No. - 5

¶3

Case :- WRIT - A No. - 6551 of 2024

¶4

Petitioner :- Rashmi Dixit @ Rashmi Pandey And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko And 3 Others

¶5

Counsel for Petitioner :- Amrendra Nath Tripathi,Durga Prasad Shukla

¶6

Counsel for Respondent :- C.S.C.,Pradeep Tiwari,Ran Vijay Singh

¶7

Hon'ble Abdul Moin,J.

¶8

Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioners, learned Standing Counsel appearing for respondents no.1 and 2, Sri Ran Vijay Singh, learned counsel appearing for respondents no.3, and Sri Pradeep Tiwari, learned counsel appearing for respondent no.4.

¶9

With the consent of learned counsels for the contesting parties, the matter is being finally decided.

¶10

Despite detailed contentious arguments having been advanced by the learned counsels for the contesting parties, a consensus has emerged amongst the parties that the petitioners who were initially appointed in the rural local area as Assistant Teachers which as per Rule 4(1) of the U.P. Basic Education (Teachers) Service Rules, 1981, would be considered to be a separate cadre vis-a-vis urban local area and have a legitimate expectation of giving an option opting for separate cadre once the school has come under the Nagar Nigam Lucknow in the year 2022 i.e. urban local area more particularly when earlier the State Government had issued a Government Order dated 27.02.2000, a copy of which is Annexure-4 to the writ petition, in similar circumstances, wherein the teachers working in 'rural

¶11

local area' had been given an option to change their cadre to the 'urban local area' and as such the petitioners be also given an option to opt for change of cadre.

¶12

Sri Ran Vijay Singh, learned counsel for respondent no.3, on the basis of instructions, states that the Government Order dated 27.02.2000 still continues to operate.

¶13

Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioners to give an option in terms of the Government Order dated 27.02.2000 to respondent no.3 opting for urban area within three days from today. In case such an option is made along with certified copy of this order then the competent authority who is said to be the Secretary, U.P. Basic Education Board, Prayagraj i.e. respondent no.3 shall proceed to consider the said option in accordance with law and relevant rules and shall pass a suitable order within a period of one week after the said option is received.

¶14

Let a certified copy of this order be issued to the parties concerned within 24 hours on payment of usual charges.

¶15

Order Date :- 17.10.2024 A. Katiyar

¶16

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench

Rashmi Dixit @ Rashmi Pandey and Another v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Rashmi Dixit @ Rashmi Pandey and Another v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Arun Kumar Vs the Chief General Manager (Hr) State Bank of India Lko. and 2 Others

Rakesh Kumar Mishra Vs State of U.P. Thru. Addl. Chief Secy. Secondary Education, Lucknow and Others

Mohd Hassan Vs State of U.P. Thru. Prin. Secy. Deptt. of Minorities Welfare Lko and 5 Others

Ashok Kumar Vs State of U.P. Thru. Addl. Chief Secy. Secondary Edu. and Ors.

Awdhesh Kumar Gautam Vs State of U.P Thru Prin Secy Khadi Gramodyog Lko and Ors.

Raghav Prasad Pandey and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. and 4 Others