Court No. - 39
Case :- WRIT - A No. - 13373 of 2019 Petitioner :- Smt. Deepa Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kumar Mishra,Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The present writ petition has been filed by petitioner with the following prayer:-
a. to issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to take immediate necessary action upon the petitioner's representation dated 27.7.2019 moved by the petitioner seeking her transfer from Poorva Madhyamik Vidhyalay, Punaihara, Block Awagarh, District Etah to any other school situated within the district excluding two development blocks Jalesar and Awagarh so that she can perform her duty and in case of otherwise police protection may be granted to her, so that her life may be secured.
Earlier the petitioner had filed Writ-A No. 5869 of 2019 (Smt. Deepa Devi Vs. State of U.P. and others) which was disposed of with following direction:-
"The petitioner is seeking transfer from one primary institution to another in the same block with the assertion that she is being harassed at the instance of her husband with whom a dispute is going on.
Submission is that despite repeated representation moved by the petitioner, the prayer for transfer has yet not been considered.
Sri Sanjay Kumar Srivastava, learned Advocate for the respondent nos. 2 and 3 submits that the decision with regard to transfer within district from one block to another can be taken by the District Level Committee headed by the District Magistrate.
The submission is that the respondent no. 3 is not empowered to make transfer at his own end.
Considering the said assertions, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the following observations:-
(1) The petitioner is permitted to make a representation before the District Magistrate, Etah, raising her grievances in the present petition. A copy of the said writ petition be also sent to the District Basic Education Officer, Etah, within a period of two weeks alongwith certified copy of this order.
(2) In case, the petitioner moves such application, the competent authority shall be under obligation to consider the same and take an appropriate decision in accordance with law, preferably, within a period of one month from the date of submission of the representation."
Pursuant to the order dated 16.4.2019 passed by this Court, petitioner moved an application which was not decided by the respondents. The petitioner filed contempt petition in which notices were issued to the respondents. Now, the present writ petition has been filed for the same relief which is not maintainable as earlier writ petition was filed for the same relief and contempt petition was also filed in which notices were issued to respondents.
Accordingly, the writ petition is dismissed. Order Date :- 26.8.2019 Rmk.