Pratibha Verma and Others vs State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko and 55 Others — Allahabad HC (2025) — LawSathi Research

Pratibha Verma and Others vs State of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko and 55 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: two weeks' time granted to learned counsel for opposite party No. 3 to file a short counter affidavit indicating the vacancy position for the remaining petitioners and examining the grievance in connected Writ A No. 5895 of 2024; case listed for 15 May, 2025. No merit decision pronounced.

Issue for consideration

Whether the remaining petitioners, who have submitted their joining at their respective institutions but from whom no option has been taken under the Government Order dated 13.09.2022 (which invokes the mutual-transfer mechanism of the Government Order dated 20.08.2022), can obtain consideration for posting at another institution/district. +1 more

Court's answer

While filing the short counter affidavit, Sri Ran Vijay Singh was directed to also examine the grievance of the petitioners in connected Writ A No. 5895 of 2024.

Ratio / Principle

As the instructions received were incomplete regarding vacancies available to the remaining petitioners (some of whom have withdrawn the writ petition and the rest of whom request posting at another institution), learned counsel for opposite party No. 3 (Sri Ran Vijay Singh) was permitted two weeks' time to file a short counter affidavit.

Detailed headnote1 paragraphs

Interim order dated 22.04.2025, High Court of Judicature at Allahabad, Lucknow Bench (Rajesh Singh Chauhan, J.) in Writ-A No. 5146 of 2024, Pratibha Verma and others v. State of U.P. thru Addl. Chief Secy., Basic Education and 55 others. Out of 74 original petitioners, 37 stood dismissed as withdrawn with liberty to file afresh (order dated 25.07.2024). The remaining petitioners, though joined at their respective institutions, are aggrieved that no option has been taken from them under the Government Order dated 13.09.2022, which invokes the Government Order dated 20.08.2022 providing the mechanism for mutual transfer from one district to another. Finding instructions incomplete on vacancies for petitioners seeking posting at another institution, the Court allowed opposite party No. 3 two weeks to file a short counter affidavit setting out the exact vacancy positions, directing that the petitioners' grievance in connected Writ A No. 5895 of 2024 also be examined. Matter listed for 15 May, 2025; merits not decided.

Court No. - 3

Case :- WRIT - A No. - 5146 of 2024

Petitioner :- Pratibha Verma And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko And 55 Others

Counsel for Petitioner :- Durga Prasad Shukla,Amrendra Nath Tripathi

Counsel for Respondent :- C.S.C.,Abhinav Singh,Kumar Ayush,Prashant Kumar Singh,Ran Vijay Singh,Ravi Prakash Yadav,Rishabh Tripathi,Shailendra Singh Rajawat,Shivam Sharma,Uday Veer Singh

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioners, learned Standing Counsel and Sri Ran Vijay Singh, learned counsel for opposite party No.3.

This petition has been filed by 74 petitioners of different districts of the Uttar Pradesh, but one application for withdrawal of certain writ petitioners filed before this Court and the said application was allowed vide order dated 25.07.2024, which reads as under:

"Application for withdrawal of certain writ petitioners filed today is taken on record.

Learned counsel for opposite parties do not have any objection to the application.

Accordingly the petition is dismissed as withdrawn with regard to petitioners no.3, 4, 5, 6, 8, 10, 11, 14, 15, 16, 17, 21, 25, 27, 28, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 47, 48, 49, 50, 55, 58, 60, 66, 67, 69, 71 and 72 namely, Anurag Tiwari, Anjum Malik, Tushar Chaudhary, Neeru Chaudhary, Divya, Prabhat Chandra, Zeba Khan, Veer Singh, Anjali Gupta, Shalu Choudhary, Harshit Kumar, Ravindra Kumar, Anurag Prakash, Priyanka Singh, Anu, Krishan Kant, Dharmendra Rao, Akhand Pratap Narayan Singh, Kapil Kumar Dixit, Hemant Kumar, Shubham Khartri, Mo Imran, Arun Kumar Singh, Mohd. Azharuddin Khan, Sandeep Kharwar, Sanjay Kumar Gupta, Neeraj Chaudhary, Saloni Dixit, Shahrukh, Anurag Yadav, Rajeev Kumar Maurya, Sapan Garg, Megha Sharma, Harishankar, Lokendra Singh, Ekta Rani and Meenakshi Nahara with liberty to file a fresh before appropriate Court.

As prayed by learned counsel for opposite parties, list this case on 02.08.2024, as fresh."

Since, the petitioners have submitted their joining at the respective institution but they are still aggrieved for the reason that no option has been taken from them in the light of

Government Order dated 13.09.2022, wherein the Government Order dated 20.08.2022 has been mentioned which provides the mechanism in respect of mutual transfer from one district to another district.

It appears that so as to resolve the controversy, this Court vide order dated 12.02.2025 provided two weeks time to Sri Ran Vijay Singh to indicate the vacancy available in the various districts. Sri Ran Vijay Singh has stated that he has received complete instructions in the matter, but after verifying the fact that some of the petitioners have withdrawn this writ petition and the remaining petitioners, who are requesting for their posting at another institution, the exact position relating to those petitioners qua the vacancies available at particular district will have to be seen. Therefore, he may be given two weeks time to file a short counter affidavit.

5 While filing short counter affidavit, Sri Ran Vijay Singh shall also examine the grievance of the petitioners in connected WritA No.5895 of 2024.

List this case on 15 May, 2025 in terms of earlier order.

Order Date :- 22.4.2025 Reena/-

(Rajesh Singh Chauhan,J.)

Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench