Court No. - 30
Case :- WRIT - A No. - 7762 of 2018 Petitioner :- Meenu Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Yadav Counsel for Respondent :- C.S.C.,Ram Chandra Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Pranesh Dutt Tripathi, learned counsel appearing for the respondents no. 3 and 4.
Present writ petition has been filed seeking a writ of mandamus commanding the respondent no. 3, the Secretary, Basic Shiksha Parishad, Allahabad to take into consideration the application of the petitioner for inter-district transfer from District Bareilly to District Muzaffarnagar in terms of the notification dated 6.2.2018 filed as Annexure-6 to the writ petition.
After some argument both learned counsel agree that the present writ petition also can be decided in terms of the directions of this Court dated 6.3.2018 passed in Writ A No. 6976 of 2018, Deepika Tiwari and others Vs. State of U.P. and 3 others, relevant extract whereof is quoted as under:
"From the instructions brought on record, it is apparent that petitioners' details i.e. PAN number and Bank Account number were not updated by the respondents on the online data. Admittedly it was for the respondents to have uploaded all such details on the website. It appears that there has been some communication between the office of District Basic Education Officer and the District Information & Science Officer, N.I.C., Kushinagar for updating the details of the petitioners. It is, however, not disputed that the details of the petitioners have not been uploaded and in its absence, the petitioners could not apply online for processing of their transfer application.
Once the petitioners were entitled to apply for consideration of their transfer applications, and such applications have not been entertained for any fault in uploading of details by the respondents, the petitioners cannot be made to suffer. Petitioners, therefore, are entitled to the relief prayed for.
This writ petition, consequently, stands disposed of with a direction upon the District Basic Education Officer, Kushinagar, to entertain and forward the transfer applications of the petitioners manually, within a week from today, to the concerned authorities for its examination and processing in accordance with the policy framed for the purpose."
In the present case it is not in dispute that the salary data of the petitioner was not uploaded at the time when the provision for online application form was made effective. On instructions so received, Sri Tripathi fairly admits that now that data has been uploaded and is available.
Present writ petition stands disposed of in terms of the aforesaid judgment passed in Deepika Tiwari (Supra). No costs.
Order Date :- 30.3.2018 p.s.