Court No. - 18
Case :- WRIT - A No. - 1470 of 2019 Petitioner :- Archana Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Bhupendra Nath Singh,Pramendra Pratap Singh Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Prakash Padia,J.
Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.
Heard Sri B.N. Singh, learned Senior Counsel for the petitioner, learned Standing Counsel for respondent Nos.1 and 2 and Sri V.B. Singh, learned counsel for respondent Nos.3 and 4.
In the facts and circumstances of the case, while passing the order today, it is not necessary to issue notices to respondent Nos.5 and 6 at this stage.
Facts in brief as contained in the writ petition are that the petitioner was intially appointed on the post of Shiksha Mitra and after completion of her training she was adjusted on the post of Assistant Teacher in Basic Primary School Mavaiy where she is started working. In paragraph six of the writ petition, it is contended that father and mother of the petitioner are very old and there is no other person in the family to look after them. As such, the petitioner submitted an option form before the District Basic Education Officer as well as District Collector for her posting from Basic Primary School Mavaiya Block, Hathgaon to Basic Primary School Sudhawa Block Teliyani.
Learned counsel for the petitioner drawn the attention of this Court in respect of order dated 26.11.2018 by which the petitioner was transferred from Basic Primary School Mavaiya to Basic Primary School Sudhawa. The name of the petitioner stands at Serial No.142 in the aforesaid order. In pursuance of the order, the petitioner joined the Institution at her transferred place. Now the petitioner is aggrieved by an order dated 14.12.2018 passed by Block Basic Education Officer, Teliyani District Fatehpur (Annexure 1 to the writ petition). By the aforesaid order passed by Block Basic Education Officer, Teliyani District Fatehpur, the respondent No.5 Head Master of the Institution relieved the petitioner to work for Basic Primary School Mavaiya. Copy of the aforesaid communication is appended as Annexure 1 to the writ petition. It is contended by learned counsel for the petitioner that order dated 14.12.2018 was passed without any show cause notice or without assigning any reason. It is further contended that at no point of time, any opportunity of hearing was provided to the petitioner, as such the transfer order passed by Block Basic Education Officer, Teliyani District Fatehpur is unjust and illegal and passed in violation of principles of natural justice.
In view of the same and with the consent of learned counsel for the parties, the present writ petition is disposed of at the admission stage itself directing the petitioner to submit a detailed representation ventilating all her grievances before respondent No.2/District Magistrate Fatehpur along with a certified copy of this Court within two weeks from today.
If such a representation is made, respondent No.2/District Magistrate Fatehpur, is directed to pass appropriate orders on the said representation in accordance with law within four weeks thereafter.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 25.2.2019 saqlain