Court No. - 36
Case :- WRIT - A No. - 3830 of 2021 Petitioner :- Krishna Kant Sahu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Shukla Counsel for Respondent :- Santosh Kumar,Arun Kumar,Santosh Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri Santosh Kumar has accepted notice on behalf of respondent nos.2 and 3.
Present writ petition has been preferred for a direction to the respondents to transfer the petitioner from Distt. Shahjahanpur to Distt. Fatehpur in pursuance of the online application moved by the petitioner for inter-district transfer.
The matter relates to inter-district transfer and for according benefit under Rule 8 (2) (d) of U.P. Basic Education (Teachers) (Posting) Rules, 2008 (in short "the Rules of 2008"); Rule 21 of U.P. Basic Education (Teacher) Services Rules, 1981 (in short "the Rules of 1981") and the transfer policy dated 2.12.2019. Admittedly in response to the on-line application for inter- district transfer the petitioner has applied from Shahjahanpur to Fatehpur. In view of the aforesaid provisions the application was processed by the respondents and she was accorded 06 quality point marks. On the basis of instructions it has been apprised that the cut off marks of transfer between these districts is 10. As she has secured much below the cut off merit, as such the authority has declined her request. Reliance has also been placed by learned counsel for the petitioner on the judgment dated 5.7.2021 passed in Special Appeal Defective No.419 of 2021 (Ajay Kumar v. State of U.P. & Ors.).
The Court has proceeded to examine the record in question as well as perused the instructions dated 14.7.2021 and find that once categorical instructions have been placed that the petitioner has scored much less quality point marks than cut off marks, in such situation no reprieve can be extended to the petitioner. In view of the order dated 5.7.2021 passed in Ajay Kumar (Supra) this Court is of the considered opinion that as per Rule 21 of the Rules of 1981 and Rule 8 (2) (d) of the Rules of 2008 an employee would be at liberty to make an application for inter-district transfer and it would not be restricted to only one application in his service tenure. It is again with the clarification that mere making an application would not create a right to get transferred, rather, it would remain at the discretion of the Government. In this backdrop, it is made clear that this order shall not preclude the petitioner to apply for transfer in the next academic session.
The writ petition stands disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.7.2021 SP/