Court No. - 39
Case :- WRIT - A No. - 10763 of 2019 Petitioner :- Smt. Indu Gautam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Singh Counsel for Respondent :- C.S.C.,Rajesh Khare
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing for the respondent nos. 1 and 3 and Sri Rajesh Khare, learned counsel for the respondent nos. 2 and 4.
Learned counsel for the petitioner submitted that the petitioner is working as Assistant Teacher in Higher Secondary School Ahiri, Block Mau, District Chitrakoot pursuant to the appointment letter dated 21.9.2015. The service condition of the petitioner is governed by the U.P. Basic Education (Teachers) Service Rules, 1981 and the U.P. Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as Rules, 2008) and government orders issued from time to time. He further submitted that Rule (8)(2)(d) of the Rules, 2008 provides for exceptional circumstance of transfer for lady teacher which has also been considered by this Court in the case of Bibha Singh Kushwaha passed in Writ-A No. 30808 of 2017 (Bibha Singh Kushwaha Vs. U.P. Basic Education Board, Allahabad and others).
He next submitted that the petitioner is seriously ill and moved transfer application dated 2.5.2019 in light of Rule 8(2)(d) of Rules, 2008 before the Secretary, U.P. Basic Education, Allahabad, but the same has not been decided till date. Lastly he submitted that a suitable direction may be issued to the respondent no. 2 to consider and decide the transfer application of the petitioner dated 2.5.2019 within the stipulated period.
Sri Rajesh Khare, learned counsel for the respondent nos. 2 and 4 submitted that the transfer application of the petitioner shall be considered and decided at the earliest.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no.2 to consider and decide the transfer application of the petitioner dated 2.5.2019 strictly in accordance with law within four weeks from the date of production of certified copy of this order. The petitioner is given liberty to file photocopy of the transfer application dated 2.5.2019 alongwith certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.2 to decide the transfer application of the petitioner after considering the relevant Rules and Government Order or any other law occupying the field.
Order Date :- 30.7.2019 Rmk.