Court No. - 58
Case :- WRIT - A No. - 23078 of 2018 Petitioner :- Kauhsal Kishor Gautam And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
Petitioners claim to be working as Assistant Teachers in different primary schools, run and managed by the department of Basic Education, situated in urban areas. They have been adjusted/ transferred by the order impugned dated 31.8.2018 to primary schools situated in Rural areas.
Learned counsel for the petitioner submits that by virtue of Rule-21 of the U.P. Basic Education (Teachers) Service Rules, 1981, such a transfer is not permissible. Rule-21 of the Rules of 1981 reads as under:-
"21. Procedure for transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board shall be necessary".
Submission is that petitioners have not made any request or given consent for such transfer.
Reliance is placed upon a decision of this Court in Mumtaz Tarannum Vs. State of U.P. and others, 2015 (4) ADJ 415 to contend that transfer in teeth of Rule-21 would be illegal and arbitrary.
Sri A.K. Yadav, learned Counsel appearing for the respondents submits that the issues of facts would require determination inasmuch it would have to be ascertained as to whether petitioners are posted in the urban areas and have been transferred to rural areas. It is, therefore, stated that the authorities be permitted to examine the petitioner's grievance, at the first instance.
In the facts and circumstances, noticed above, this petition stands disposed of, permitting petitioner to represent in the matter before respondent no. 4 against the order of transfer dated 31.8.2018 alongwith certified copy of this order, annexing therewith all materials in support of their claim, within a period of two weeks from today. Petitioners' objection against the order of transfer shall be examined by respondent no. 4 and the concerned authority shall pass a reasoned order in light of Rule 21 of the Rules of 1981 within a period of two months thereafter.
Till a fresh decision is taken upon petitioners' representation, status quo would be maintained regarding petitioners' working at the present place of posting. It is, however, clarified that the petitioners' further continuance would abide by the fresh orders to be passed, as indicated above.
Order Date :- 30.10.2018 n.u.