Disposed

Bhanupriya v. State of Up and 5 Others

Allahabad HC22 Jul 2024WRIA/9984/2024

Case brief

AI extract

What is this about?

Petitioner challenged transfer order via writ petition. Court noted similarity with a recent judgment and granted liberty to file fresh representation for nearby posting while directing joinder at transferred place.

What did the court decide?

Liberty granted to file fresh representation before authority for nearby posting; directed to join at transferred place on basis of mutual transfer.

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

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Neutral Citation No. - 2024:AHC:115888

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Court No. - 7

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Case :- WRIT - A No. - 9984 of 2024

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Petitioner :- Bhanupriya Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Pushp Raj,Sandeep Kumar Counsel for Respondent :- Archana Singh,C.S.C.,Sandeep Kumar

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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 prayer:-

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"(i). Issue a writ order or direction in the nature of Certiorari to quash the impugned transfer order dated 19.06.2024 passed by the respondent no.3 in sofar as it relates to petitioner as shown at serial no.1101 of the transferred order and order dated 20.06.2024 passed by the respondent no.5 (Annexure no.1 and 2 to this writ petition).

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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 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

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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, the 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.

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With the aforesaid, the present petition stands disposed of.

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Order Date :- 22.7.2024 S.K.

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Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad

Bhanupriya v. State of Up and 5 Others

Case brief

What is this about?

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Bhanupriya v. State of Up and 5 Others

Case brief

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