Court No. - 6
Case :- WRIT - A No. - 9459 of 2019 Petitioner :- Deepak Kumar Giri And 11 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Siddharth Khare,Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.,Jay Ram Pandey,Mrigraj Singh,Ram Prakash Shukla
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners, learned Standing Counsel, Sri Ram Prakash Shukla for respondent No. 5, Sri Mrigraj Singh for the respondent No. 3 and 4 and Sri Jayram Pandey who appears for the seventh respondent.
Sri Mrigraj Singh learned counsel for the contesting respondent points out that a similar challenge was considered and dismissed by the Court by its order dated 27 May 2019 in Writ- A No. 8716 of 2019 (Girja Shanker Yadav Vs. State of U.P. And 2 Others). That petition was dismissed with the Court observing thus:-
"Heard learned counsel for the petitioner and Sri Mrigraj Singh, learned counsel appearing for the respondents.
This petition has been preferred for direction being issued commanding the respondents to post the petitioner as Head Master of a primary institution pursuant to his transfer at Jaunpur.
Undisputedly the petitioner applied for transfer on his own volition and in light of the policy as framed by the State on 23 June 2016. This policy in clause 10 had clearly provided that Assistant Teachers who seek such transfer on voluntary basis cannot raise any claim based on their seniority. Viewed in that light the relief as prayed for cannot be granted.
The writ petition is dismissed."
Accordingly and following the reasons assigned in that petition, this writ petition is dismissed.
Order Date :- 31.5.2019 faraz