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Aradhna Lodhi (O.B.C.) vs State Of U.P. Thru. Addl. Chief ...

High Court Of Judicature at Allahabad|26 May, 2021

JUDGMENT / ORDER

1. Learned counsel for the petitioner is not connected on video conferencing.
2. Heard Sri Ran Vijay Singh, learned counsel for opposite party No.3-The Secretary, U.P. Basic Education Board and Sri Ajay Kumar, Advocate holding brief of Sri Sandeep Kumar Yadav, learned counsel for opposite party No.4-District Basic Education Officer, Kheri Lakhimpur.
3. This petition has been filed for the following reliefs:
"1. Issue a writ, order or direction in the nature of mandamus commanding the Secretary, Basic Education Board, Allahabad,/Prayagraj to ensure inter district transfer of the petitioner who is presently posted as Primary School Teacher at Primary School, Lohagarh, Vikas Khand Mitauli, District Kheri Lakhimpur to any of the optioned by her districts i.e. (1) District Firozabad; (2) District Mainpuri; (3) District Etah ; (4) District Agra; and (5) District Etawah, within some stipulated time as deemed just, fit and appropriate looking into the prevailing facts and circumstances of the case in the interest of justice;
II. Issue a writ, order or direction directing the Secretary, Basic Education Board, Allahabad/Prayagraj, as in interim measure to consider and decide the representation of the petitioner pending disposal by a speaking and reasoned order within some stipulated time as deemed just, fit and appropriate by this Hon'ble Court looking into the peculier facts and circumstances of the case, in the interest of justice;
III. Issue any other writ, order or direction as this Hon'ble Court may deem just, fit and proper in this facts and circumstances of the case in favor of the petitioner;
IV. and to award cost of this petition in favor of the petitioner."
4. The prayer made in the petition is for consideration of the petitioner's application/representation for transfer of the petitioner, posted as Assistant Teacher in Primary School, Lohagarh, Vikas Khand Mitauli, District Kheri Lakhimpur to any of the optioned district, as mentioned in the prayer clause. The representation filed by the petitoner is said to be pending before the opposite party No.3.
5. Learned counsel for the opposite party No.3 and 4 have fairly submitted that they have no objection to the consideration of the petitioner's representation, which prayer is innocuous. Sri Ran Vijay Singh, learned counsel for the opposite party No.3 submits that opposite party No.3 is the competent authority to pass order on the petitioner's representation. He further submits that the opposite party No.3 shall consider and decide the petitioner's application/representation for transfer within a period of four weeks from today.
6. In view of the above, this petition is disposed of finally with direction to the opposite party No.3, The Secretary, U.P. Basic Education Board, Allahabad/Prayagraj to consider and decide the petitioner's application/representation for her transfer within a period of four weeks from today by a reasoned and speaking order and in accordance with law.
7. With the aforesaid observation/direction this petition is disposed of.
Order Date :- 26.5.2021 Arvind
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Title

Aradhna Lodhi (O.B.C.) vs State Of U.P. Thru. Addl. Chief ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 May, 2021
Judges
  • Ravi Nath Tilhari