Heard.
Sri Nagendra Bahadur Singh has filed supplementary affidavit, the same is taken on record.
Sri Ran Vijay Singh has produced the instructions showing that representation of the petitioner has been rejected by conscious decision to the effect that since the petitioner has already availed the facility approaching the competent authority for inter district transfer and her request was considered, therefore, she may not prefer such representation again in view of the policy in question.
On that, Sri Nagendra Bahadur Singh has drawn attention of this Court towards the judgment and order dated 3.11.2020 passed by this Court in a bunch of writ petitions bearing leading Writ-A No.878 of 2020, Divya Goswami Vs. State of U.P. and others, wherein this Court vide para-64 (III) has observed as under:-
"Once a teacher has successfully exercised the option for inter district transfer, no second opportunity shall be afforded to any teacher of any category except in case of female teacher who has already availed benefit of inter district transfer on the ground of parents dependency, prior to her marriage. However, in case if the marriage has taken place then she will have only one opportunity to exercise option for inter district transfer either on the ground of parents dependency or spouse residence/ in-laws residence."
As per Sri Nagendra Bahadur Singh, the petitioner had earlier availed the benefit when she was unmarried but after getting married, she has approached the authority, therefore, her candidature should not be rejected on the point that she may not approach the competent authority second time.
Be that as it may, since grievance of the petitioner has already been considered and disposed of, therefore, she is permitted to prefer a fresh representation to opposite party no.4 taking all pleas and grounds, which are available to her, enclosing therewith the copies of relevant documents within a period of one week and if such representation is preferred by the petitioner, the same shall be considered and decided strictly in accordance with law, with expedition, preferably within a period of three weeks from the date of receipt of the representation and decision thereof shall be intimated to the petitioner forthwith. It is made clear that while considering the grievance of the petitioner, the rejection of her earlier application shall not come in the way of afresh consideration.
In the aforesaid terms, the writ petition is disposed of.
Order Date :- 11.2.2021 RBS/-
[Rajesh Singh Chauhan,J.]