Court No. - 36
Case :- WRIT - A No. - 4051 of 2021 Petitioner :- Smt. Abha Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Kumar,Hari Shankar Tripathi Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Mahesh Chandra Tripathi,J.
The grievance of the petitioner is that she has made out a case of inter district transfer in her application filed on 31.12.2019 but her prayer has not been granted.
The matter was taken up on 22.7.2021 and the following order was passed:-
"Learned counsel for the petitioner submits that the petitioner's claim falls under Rule 8(2)(d) of U.P. Basic Education Teacher Rules 2008, which provides relaxation to female teachers on account of hardship for considering inter-district transfer and in most arbitrary manner, the said right has been denied in spite of the fact that petitioner moved application along with requisite papers clearly indicating therein her husband is in Government job and is only child of his parent. Regarding status of her application, the same had been found "APPROVE" on 27.12.2020 appended as Annexure 9 to the writ petition. Petitioner has also brought on record the certificate dated 2.7.2019 issued by the competent authority indicating therein husband of the petitioner is working as Junior Engineer and is resident of 118/190 Kaushalpuri, Gumti No. 5, Kanpur. While rejecting candidature of the petitioner, the respondent has only indicated the reason of presentation of erroneous document, therefore, the order impugned is non-speaking one and reflects non application of mind on a sensitive issue. It is also difficult to ascertain as to whether the case of the petitioner was considered in accordance with the Government Order dated 2.12.2019 and the law laid down by this Court in Kumkum Vs. State of U.P. and 3 Others (Writ A No. 8075 of 2018).
In such situation, prima facie, the Court is of the opinion that the order impugned is unsustainable.
Before proceeding in the matter, let the Basic Education Officer Fatehpur be present before this Court along with complete records on the next date fixed.
Put up this matter on 29.7.2021 as fresh. "
In response to the order dated 22.7.2021, the Basic Education Officer, Fatehpur is present alongwith the original record. Sofar as the, record pertaining to her transfer at District Kanpur, no document is annexed alongwith the record to indicate that her husband is posted at District Kanpur.
So far as the factual situation is concerned, the same would be looked into and examined by the Secretary, Basic Education Board, U.P. Prayagraj.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this Court finds it appropriate to relegate the matter to the second respondent-Secretary, Basic Education Board, U.P. Prayagraj, who may look into the grievance of the petitioner and pass reasoned and speaking order strictly in accordance with law within six weeks from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The original record be returned to Shri Vikram Bahadur Singh, learned counsel for the respondent Nos. 2 and 3. The presence of Shri Sanjay Kumar Kushwaha, Basic Education Officer, Fatehpur is dispensed with.
Consequently, the writ petition is disposed of. Order Date :- 29.7.2021 Jaswant