Court No. - 7
Case :- WRIT - A No. - 16178 of 2018 Petitioner :- Lalit Mohan Bhardwaj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeepta Kumar Shahi Counsel for Respondent :- C.S.C.,Sanjay Kumar
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.
This writ petition has been filed by the petitioner praying for the following relief:
“I. Issue a writ, order or direction in the nature of mandamus for issuance of necessary direction to the respondent No.3, the Secretary, Basic Shiksha Parishad at Allahabad to pass an appropriate order for consideration the grievance of petitioner as per Rule 8(2)(F) of U.P. Basic Education (Teachers) (Posting) Rules 2008, as amended Rule 2010, as well as Rule 21 of the Rules U.P. Basic Education (Teachers Services ) Rules, 1981.
II. Issue a writ, order or direction in the nature of mandamus for issuance of necessary direction to the respondent No.3, the Secretary, Basic Shiksha Parishad at Allahabad to decide the representation of the petitioner dated 25.5.2018 (Annexure No.4)”.
Learned counsel for the petitioner submits that the application of the petitioner for transfer from District - Lakhimpur Khiri to District – Shamli, may be considered in terms of Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008. Rule 8(2) of the Rules, provides as under:
“8. Posting. - (2)(a) The newly appointed male teachers shall initially be posted compulsorily in backward area for a period of at least five years.
(b) Newly appointed female teachers shall also be compulsorily posted in backward area for a period of at least two years.
(c) Mutual transfers within the district from general block of backward block and vice-versa would be permitted with the condition that the teacher on mutual transfer to a backward block shall have to serve in that block compulsorily for five years. Mutual transfers would be permitted only in case of those teachers who have more than remaining five year's service.
(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district.
(e) If by virtue of posting of newly appointed or promoted teachers the primary and upper primary schools of backward blocks get saturated i.e., no post of teacher is vacant in these schools, then handicapped and female teachers on their choice can be adjusted against the vacant posts of general blocks from these saturated blocks.
2
(f) Mutual transfers of male/female teachers from one backward blocks to another can be considered.
(3) Teachers transferred from one district to another will be given posting as per the provisions of these rules.”
The petitioner is a male Assistant Teacher who was appointed by appointment letter dated 14.11.2015, in Primary School Imaliya, Block Esanagar, District - Lakhimpur Khiri. Learned counsel for the petitioner admits that his initial appointment as aforementioned was made in a backward area. Clause (a) of sub-Rule 2 of Rule 8 specifically provides that the newly appointed male teacher shall initially be posted compulsorily in backward areas for a period of at least 5 years. The petitioner has not yet served in the aforesaid backward area for minimum period of 5 years. Clause (c) of sub-Rule 2 of Rule 8 provides for mutual transfer within the District, which is not applicable to the case of the petitioner. Clause (d) of sub-Rule 2 of Rule 8 specifically provides that in normal circumstances the applications for inter-district transfers in respect of male and female teacher will not be entertained within five years of their posting. An exception has been carved out for female teachers that in special circumstances, applications for inter-district transfer in respect of female teachers would be entertained for transfer to the place of residence of their husband or in-laws Districts. The petitioner is a male teacher. Therefore, the exception carved out in Clause (d) of sub-Rule 2 of Rule 8 is not applicable to the petitioner. Clause (f) of sub-Rule 2 of Rule 8 provides that mutual transfers of male/female teachers from one backward blocks to another can be considered. The relief sought by the petitioner in the present writ petition is not for his mutual transfer from one block to another. The petitioner wants his transfer to another District. Therefore Clause (f) is also not applicable in the matter of the petitioner.
In view of the aforesaid, no relief can be granted to the petitioner.
Consequently, the writ petition is dismissed. Order Date :- 30.7.2018/vkg