Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Ghaus Beg, learned counsel, who has filed Vakalatnama on behalf of respondent no.5.
Present petition has been filed more for sympathetic consideration rather than on a legal ground.
By the present petition, the petitioner has prayed for quashing of the order dated 15.07.2021 passed by respondent no.2, a copy of which has been filed as Annexure-1 to the writ petition, by which the petitioner has been transferred from Sparsh Balak Inter College Lucknow to Sparsh Inter College Banda and respondent no.5 has been transferred in place of the petitioner from Banda to Lucknow.
This Court had passed a detailed order on 22.07.2021, which, for the sake of convenience, is reproduced below:-
"Heard Sri R.C. Tewari, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
At the outset, Sri Tewari has requested that he may be permitted to implead Sri Khem Karan Lal in the array of opposite parties as opposite party no.5 during the course of the day.
Considering the aforesaid request, Sri Tewari is permitted to implead Sri Khem Karan Lal through opposite party no.2/ Assistant Teacher J.T.C. (Music), Sparsh Balak Inter College, Banda as opposite party no.5 during the course of the day.
Issue notice to opposite party no.5, both ways, returnable at an early date.
Steps with promptness.
Office to proceed accordingly.
Office is directed to provide Dasti notice to Sri R.C. Tewari, learned counsel for the petitioner to serve notice upon opposite party no.5 outside the Court.
By means of this petition, the petitioner has assailed the transfer order dated 15.7.2021 passed by the Director, Viklang Jan Sashaktikaran Directorate, Lucknow transferring three persons at various places. Name of the petitioner finds place at serial no.2.
Learned counsel for the petitioner has submitted that this transfer order has been passed so as to accommodate one person namely, Sri Khem Karan Lal inasmuch as Sri Khem Karan Lal was discharging his duties at Lucknow for the last 14 years and so as to accommodate him, he has been again transferred to Lucknow after one year and eight months. Recital to this effect has been given in para-8 of the writ petition. He has also submitted that the petitioner is going to retire in two years, to be more precise in the month of August, 2023 and has not been relieved till date pursuant to the transfer order dated 15.7.2021.
List/ put up this case on 28.7.2021, in the additional case list, as fresh to enable the learned Standing Counsel to seek complete instructions in the matter.
If the petitioner has not been relieved till date as indicated in para-18 of the writ petition and Sri Khem Karan Lal has not submitted his joining at Lucknow and if there is no legal impediment, the status quo shall be maintained till the next date of listing."
Learned counsel for the petitioner contends that the petitioner is 100% visually impaired and there cannot be any occasion for transferring such handicapped employee keeping in view the transfer policy dated 29.03.2018 and thus the present petition.
On the other hand, Sri Ghaus Beg, learned counsel appearing for respondent no.5, submits that even the respondent no.5 who has been transferred qua the petitioner is 100% visually impaired and as such transfer policy dated 29.03.2018 is equally applicable to him too inasmuch as respondent no.5 has been accommodated at Lucknow on the basis of his own request. He also submits that respondent no.5 was relieved from Banda on 17.07.2021 and had joined at Lucknow on the same day.
Learned Standing Counsel on the basis of instructions submits that options had been called from the teachers for giving their option for being transferred at five places. The respondent no.5 had opted for transfer at Lucknow whereas the petitioner had not submitted any option and thus acceding the request of respondent no.5, he has been transferred to Lucknow while the petitioner has been transferred to Banda.
Considering the aforesaid, this Court is confronted with adjustment of two 100% visually impaired music teachers. Admittedly the transfer policy dated 29.03.2018 though provides that such physically handicapped persons should not ordinarily be transferred yet this is a peculiar case in which it is not that a physically handicapped person is sought to be replaced by an able person rather both the petitioner and private respondent no.5 are 100% visually impaired.
Thus, exercising the power vested in the Court under Article 226 of the Constitution of India and considering the peculiar circumstances of the case, present petition is disposed off with a direction to the Director, Viklang Jan Sashaktikaran Directorate, Lucknow i.e. respondent no.2 to consider the case of the petitioner for being posted at Lucknow or any adjacent District or if possible by adjusting him on any L.T. grade post though the petitioner belongs to a lower grade of J.T.C., if the rules so permit by taking a sympathetic view.
Till such adjustment is done, the status, quo as directed by this Court vide order dated 22.07.2021, shall continue.
It would be open to respondent no.2 to prescribe such conditions upon the adjustment of the petitioner, if any, as are required.
Let a decision be taken by respondent no.2 within two weeks from the date of receipt of a copy of this order which shall be verified from the official website of the Allahabad High Court.
Order Date :- 28.7.2021 A. Katiyar