Court No. - 7
Case :- WRIT - A No. - 23086 of 2018 Petitioner :- Kavita Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Shukla,Hari Bhawan Pandey Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ramesh Kumar Shukla, learned counsel for the petitioner; Sri Shivam Yadav, learned counsel for the respondent nos.2 and 3 and learned Standing Counsel for the State-respondents.
2. Learned counsel for the petitioner is permitted to implead Basic Shiksha Adhikari, Shamli as respondent no.4, during the course of the day.
3. The grievance of the petitioner is that though her minor daughter is in need of specialised medical care as she has been diagnosed with Hepatitis A with acute liver failure and for that reason, the petitioner desires to be posted at any near district that may allow her to provide for medical care of her daughter, she is not being considered for transfer. It is resulting in grave hardship to the petitioner as she can neither ignore the medical condition of her daughter nor she can ignore her service requirements.
4. The grievance of the petitioner appears to be wholly genuine and wholly bona fide and in such circumstances, considering the fact that inter district transfer is permissible in some extreme and genuine case, it is expected that the Secretary, Basic Education, Government of U.P., Lucknow may pass necessary orders to ameliorate the hardship being faced by the petitioner.
5. In view of the above, no useful purpose would be served in keeping the present pending any further or calling for counter affidavit, the present writ petition is disposed of with the following observation:
(i) the petitioner may file a fresh representation accompanied with copies of medical papers of her daughter along with a certified copy of this order before the respondent no.4 - Basic Shiksha Adhikari, Shamli within a period of two weeks from today, stating the hardship being faced by her and proposing the districts where she seeks to be transferred in order of preference that she may claim;
(ii) upon receipt of such representation, the B.S.A., Shamli shall necessarily make his report thereon and forward the same together with the representation to the Secretary, Basic Shiksha Parishad, U.P., Allahabad within a period of two weeks therefrom.
(iii) upon receipt of such representation of the petitioner and report of the B.S.A., Shamli, the Secretary, Basic Shiksha Parishad, U.P., Allahabad shall pass appropriate orders on the petitioner's representation necessarily within a period of one month therefrom.
Order Date :- 27.10.2018 Abhilash