Heard learned counsel for the petitioner and learned counsel for the opposite parties.
The instant writ petition is filed for issuing a writ, order or direction in the nature of mandamus commanding the opposite parties to consider and treat the case of the petitioner as a special case which falls under special circumstances and for transfer of the petitioner from District Sitapur to District Jalaun or nearby district on the post on which the petitioner is working as Assistant Teacher in view of Rule 8(2)(d) of U.P. Basic Education(Teacher) (Posting) Rules, 2008.
At the outset, learned counsel for the opposite parties has submitted that since the transfer is inter district, therefore, the Secretary, U.P. Basic Education Board is a competent authority and he is not a party in the writ petition.
Learned counsel appearing for the petitioner has submitted that the petitioner is on Child Care Leave and the condition of the daughter of the petitioner is not good. She is under the treatment in the hospital and the doctors are of the opinion that if the problem persists the daughter of the petitioner will have to undergo for the liver transplant. It is also submitted that there is no members in his family to take care of her daughter except her husband. Learned counsel has further submitted that the opposite parties may be directed to transfer the petitioner from District Sitapur to District Jalaun or any other nearby district.
Per contra, learned counsel for the opposite parties has vehemently opposed the submissions made by learned counsel for the petitioner. He has submitted that on the earlier occasion, the petitioner has filed a writ petition(S/S) no. 7318 of 2018 in which the petitioner has made a prayer that her case may be considered as special case and she may by transferred from District Sitapur to District Jalaun or any other nearby district in view of Rule 8(2)(d) of U.P. Basic Education(Teacher) (Posting) Rules, 2008. He has submitted that the said writ petition was disposed of by order dated 14.3.2018 by a co-ordinate Bench of this Court with a direction to the competent authority to pass an appropriate order in accordance with law.
There is no pleading about the compliance of order dated 14.3.2018 in the present writ petition and only in paragraph 2 it is mentioned that due the change of the government policy the petitioner has filed the instant writ petition for seeking the same relief as stated in the earlier writ petition.
After argument made in some length, learned counsel for the petitioner has made a limited prayer to the extent that the case of the petitioner may be considered by the opposite parties expeditiously and in accordance with law as her child is not well and suffering from serious illness and she is under the treatment in the hospital at ILBS, Delhi.
Learned counsel for the opposite parties has no objection for direction to decide the representation.
Without entering into the merit of the case and in the interest of justice, the petitioner is directed to file a fresh and detailed representation to the Secretary, U.P. District Education Board within ten days from today along with the certified copy of the order and if representation along with the certified copy of the order is filed, the Secretary, U.P. Basic Education Board shall decide the same in accordance with law and by passing a detailed order within a period of three months.
The petition is accordingly disposed of.
Order Date :- 26.8.2019 kanhaiya