Court No. - 36
Case :- WRIT - A No. - 10154 of 2021 Petitioner :- Manju Chauhan Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- C.S.C.,Satish Chandra Yadav
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioner prays for and is permitted to implead U.P. Basic Education Board, Prayagraj through its Secretary as respondent No. 6 during the course of the day.
Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2, 4, 5 & 6 and Sri Satish Chandra yadav, learned counsel for respondent Nos. 3.
Present petition has been filed with following relief;
"i) Issue a writ, order or direction in the nature of mandamus, directing the respondents to pass appropriate order upon the representation of the petitioner within certain stipulated period of time for release the petitioner from Primary School Jalalpur, Block Junamai, District Sambhal then the petitioner join her duty in Transferring District Bareilly."
Sri Satish Chandra Yadav submitted that contrary to the policy, petitioner has obtained transfer order, but he further submitted that petitioner may submit representation before respondent No.
6 for redressal of her grievance. In case, representation is submitted, same shall be decided within the stipulated time, for which learned counsel for petitioner has no objection.
Under such facts and circumstances, this petition is disposed of with liberty to petitioner to submit fresh representation along with computer generated copy of this order before respondent No. 6 within 10 days from today. In case any such representation is filed, respondent no. 6 is directed to consider and decide the same strictly in accordance with law, maximum within six weeks from the date of receiving of representation.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 6 to decide the representation of the petitioner after considering the Act, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.
Order Date :- 24.9.2021/Sartaj