Dismissed

Bijendra Singh v. State of Up and 3 Others

Allahabad HC23 Jul 2024WRIA/10522/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition regarding a posting dispute. The petitioner faced a mutual transfer order and sought to work at the original place or challenge it. Comparing it to identical cases, the court ordered the petitioner to join the transferred place but granted liberty to file a fresh representation for a 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 within three weeks.

Bijendra Singh vs State of Up and 3 Others — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131262

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Court No. - 7

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Case :- WRIT - A No. - 10522 of 2024

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Petitioner :- Bijendra Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dwijendra Prasad Counsel for Respondent :- Archana Singh,C.S.C.

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Hon'ble Prakash Padia,J.

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The petitioner has preferred the present petition with the following prayer:-

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(i) Issue a writ, order or direction in the nature of mandamus directing to District Basic Shiksha Adhikari Agra to decide the representation dated 31.01.2024 filed by the petitioner within stipulated time fixed by this Hon'ble Court deem fit under the facts of the case.

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Today when the matter is taken up, Sri Shresth Pratap Singh, Advocate, holding brief of Smt. Archana Singh, learned counsel for the contesting respondent has placed instructions dated 12.08.2024 before this Court.

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It is argued by Sri Shresth Pratap Singh, learned counsel for the respondent that matter is related to the mutual transfer and respondent No.4/Dharmvir Singh has already been joined his transferred posts. It is argued that in identical situation, following order dated 30.07.2024 passed by this Court in the case of (Avani Bajpai Vs. State of U.P. and others) :-

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The petitioner has preferred present writ petition inter-alia with the following prayers :-

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"(I) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents/Authority Concerned, specially the respondent No.2 and 5 to permit the petitioner to work at present posting place and not to give effect to the transfer order dated 19-06-2024, by not compelling the petitioner to join the services in terms of inter-district mutual transfer order dated 19-06-2024, keeping in view that the petitioner has also opted inside district mutual transfer and has also join the place of transfer, in accordance with law, within some stipulated time frame as this Hon'ble court may deem fit and proper in the facts and circumstances of the case."

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Counsel for the petitioner placed reliance upon a judgement and order dated 02.07.2024 passed in Writ A No.4844 of 2024 [Arpana Kumari (Arpana) Vs. State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Basic Education Lko. And 6 Others]. The order dated 02.07.2024 reads as follows :-

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"1. 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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3. It is argued by counsel for the petitioner that since controversy involved in the present case is identical as in the case of Arpana Kumari (Arpana) hence petitioner is also entitled for the same relief.

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4. Sri Shresth Pratap Singh, Advocate, holding brief of Smt. Archana Singh, learned counsel for the contesting respondent has no objection.

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5. Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, the present petition is disposed of directing the petitioner to 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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After going the aforesaid judgement, a prayer has been made by learned counsel for the petitioner to dismiss the present petition with liberty to file representation before the authority concerned.

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In this view of the matter, the present petition is dismissed directing the petitioner to 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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Order Date :- 13.8.2024 saqlain

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Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad

Bijendra Singh v. State of Up and 3 Others

Case brief

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Bijendra Singh v. State of Up and 3 Others

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