Disposed

Archana Sharma v. State of Up and 5 Others

Allahabad HC22 Jul 2024WRIA/9441/2024

Case brief

AI extract

What is this about?

In a writ petition challenging an inter-district transfer order, the High Court, relying on a previous judgment in a similar matter, directed the petitioner to join the transferred school under the mutual transfer scheme and granted liberty to file a fresh representation for nearby posting.

What did the court decide?

Petitioner directed to join transferred place on basis of mutual transfer; liberty granted to file fresh representation for nearby posting.

Archana Sharma vs State of Up and 5 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115814

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Court No. - 7

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Case :- WRIT - A No. - 9441 of 2024

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Petitioner :- Archana Sharma Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Gaurav Gupta,Rahul Srivastava 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 present writ petition inter-alia with the following prayers :-

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"A. Issue a writ, order or direction in the nature of CERTIORARI calling for the records and quashing the impugned transfer order/list dated 19.06.2024 passed by the Secretary, Uttar Pradesh Basic Education Board, Prayagraj/respondent no.4 uploaded on the website of https://interdistricttransfer.upsdc.gov.in/ transferring the petitioner from Primary School Maksudpur, Block Pasgawan, District Lakhimpur Kheri to Primary School Composite Rampur Kala, Block Khutar, District Shahjahanpur so far it pertains to the petitioner (Annexure-1 to this writ petition);

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B. Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to consider the application/ representation dated 27.06.2024 sent by petitioner via registered post praying for withdrawal of her request for Inter District Mutual Transfer from Primary School Maksudpur, Block Pasgawan, District Lakhimpur Kheri to Primary School Composite Rampur Kala, Block Khutar, District Shahjahanpur"

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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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2. 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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3. However after advancing arguments at some length learned counsel for petitioner does not

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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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4. 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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5. With the aforesaid directions, the writ petition stands disposed of."

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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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Smt. Archana Singh, learned counsel for the contesting respondent has no objection.

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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. Order Date :- 22.7.2024 Pramod Tripathi

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Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad

Archana Sharma v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

Archana Sharma v. State of Up and 5 Others

Case brief

What is this about?

What did the court decide?

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