Allowed¶14

Santosh Singh v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko and 4 Others

Allahabad HC21 Feb 2025WRIA/1585/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench, WRIT - A No. 1585 of 2025, decided 21.2.2025 by Abdul Moin, J. (Neutral Citation 2025:AHC-LKO:11323). Santosh Singh v. State of U.P. — rejection of mutual transfer quashed; fresh order directed. Keywords: mutual transfer; Basic Shiksha Adhikari report; letter dated 16.06.2023; interim order; termination set aside; Writ A No. 5055 of 2022; order dated 15.10.2024 quashed; fresh order within four weeks; Basic Education Department U.P.

What did the court decide?

Writ petition allowed; impugned order dated 15.10.2024 quashed, with liberty to respondent no. 3 to pass a fresh order in accordance with law within four weeks of receipt of a certified copy of this order. ¶14

Santosh Singh Vs State of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:11323

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Court No. - 5

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Case :- WRIT - A No. - 1585 of 2025

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Petitioner :- Santosh Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko And 4 Others

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Counsel for Petitioner :- Meenakshi Singh Parihar Counsel for Respondent :- C.S.C.,Abhinav Singh,Ran Vijay Singh

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Hon'ble Abdul Moin,J.

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Heard Ms. Meenakshi Singh Parihar, learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 to 4, Sri Ran Vijay Singh, learned counsel for the respondents no. 2 & 3 and Sri Abir Mishra, Advocate holding brief of Sri Abhinav Singh, learned counsel for the respondent no. 5.

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It is contended that the facts of the instant case have already been set forth in the order dated 07.02.2025. For the sake of convenience, the order dated 07.02.2025 is reproduced below:-

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"Learned Standing Counsel prays for and is granted a weeks' time to seek instructions in the matter in as much as the claim of the petitioner for mutual transfer has been rejected vide order impugned dated 15.10.2024, a copy of which is annexure 1 to the writ petition, on the ground that in terms of letter dated 16.06.2023 point no. 2 such teachers whose services have been dispensed with and have been permitted to work in terms of interim order passed by the high court and that matter is pending consequently till the finalization of the proceedings the services shall not be treated as regular.

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The contention is that earlier the services of the petitioner had been terminated vide order dated 27.07.2022. Upon a challenge being raised in Writ A No. 5055 of 2022 this Court vide order dated 22.08.2022, a copy of which is annexure 21 to the writ petition, has set aside the said order and consequently it cannot be said that the petitioner is working in pursuance of an interim order that may have been passed by this Court and that the case is pending before the writ court and thus the aforesaid letter dated 16.06.2023 which has been made the basis for rejection of mutual transfer is not attracted in the case of the petitioner.

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List this case in the next week as fresh."

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Today, Sri Ran Vijay Singh, learned counsel for the respondent no. 3 fairly states that the order impugned has been passed only on the basis of a report submitted by the Basic Shiksha Adhikari without going into the entire facts and submits that the said order can be set aside but giving liberty to the competent authority to pass a fresh order in accordance with law.

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To the aforesaid prayer, Ms. Meenakshi Singh Parihar, learned counsel for the petitioner has no objection.

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Accordingly, considering the aforesaid, the order impugned dated 15.10.2024, a copy of which is annexure 1 to the writ petition is quashed.

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It would be open for the respondent no. 3 to pass a fresh order in accordance with law.

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Let such an order be passed within a period of four weeks from the date of receipt of a certified copy of this order.

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Order Date :- 21.2.2025 Pachhere/-

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Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Santosh Singh v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko and 4 Others

Case brief

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Santosh Singh v. State of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko and 4 Others

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