Disposed

Smt Raina Yadav and 17 Others v. State of U.P. and 2 Others

Allahabad HC31 Aug 2024WRIA/13233/2024

Case brief

AI extract

What is this about?

Writ petition challenging transfer orders passed by the District Basic Education Officer, Aligarh. The Court noted procedural aspects regarding the approval chain for transfers and granted ten days to the petitioners to file a supplementary affidavit to clarify their compliance with the transfer instructions.

What did the court decide?

Ten days' time granted to file supplementary affidavit.

Smt Raina Yadav and 17 Others vs State of U.P. and… — Service and Employment | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - A No. - 13233 of 2024

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Petitioner :- Smt Raina Yadav And 17 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Minu Chaudhary,Sandeep Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Order dated 31.07.2024 passed by the District Basic Education Officer, Aligarh by which the petitioners were transferred from one place to another in the same district namely District Aligarh is under challenge in the present writ petition.

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It is argued by the counsel for the petitioners that the services of the petitioners were governed by the Government Order dated 08.10.2018. It is further argued that as per the aforesaid Government Order, the transfer of the petitioners could only be made after making the proposal by the District Magistrate and thereafter the approval on the said proposal by the State Project Director. It is stated in paragraph-40 of the writ petition that no such recommendation has been obtained by the State Project Director before transferring the petitioners, hence the order of transfer is illegal and liable to be set aside.

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While going through the order of new contract/ transfer, it appears that as per instructions provided by the Regional Selection Committee, KGBV, Aligarh dated 11.03.2024, the District Basic Education Officer, Aligarh directed the petitioners to appear for counseling and to fill up their applications for transfer. After the options were obtained by them, the matter was placed before the Chief Development Officer/ District Magistrate for approval which was duly approved by the District Magistrate, Aligarh vide its order dated 22.07.2024. After the aforesaid approval was granted by the District Magistrate, the contract of as many as 148 employees including the petitioners were extended for the year 2024 -2025.

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Apart from the same, it is stated in the aforesaid order that all the persons who were transferred will join their transferred place and submit their joining report within three days and in this regard they were directed to submit their affidavit on stamp paper.

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Nothing has been stated in the entire writ petition that whether

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any option forms were filled by the petitioners or not and whether in terms of the order dated 31.07.2024 any agreement was signed by the petitioners within three days or not.

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In this view of the matter, as prayed by the counsel for the petitioner, ten days' time is granted to file supplementary affidavit in this regard.

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Put up this matter as fresh thereafter.

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In the meanwhile, learned Standing Counsel appearing on behalf of respondents will also seek instructions in the matter.

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Order Date :- 31.8.2024 Swati

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Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad

Smt Raina Yadav and 17 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt Raina Yadav and 17 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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What the court decided

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