Court No. - 33
Case :- WRIT - A No. - 10916 of 2021 Petitioner :- Nafis Ahmad Ansari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Islam Ahmad,Raj Kumar Prajapati Counsel for Respondent :- C.S.C.,Ashok Kumar
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been appointed by the District Basic Education Officer, Maohba as Assistant Teacher (Urdu) and was deputed to teach in a particular institution at Mahoba. It appears that on his request petitioner was transferred to Banda on 7.4.2017. He has been sent to different school from time to time and lastly petitioner was transferred from Primary School Bahadur Purwa Attarra to Higher Primary Nizami Nagar, Naraini Banda on 19.7.2021 for the month of August, 2021. This order is challenged on the ground that the petitioner ought to be continued atleast for the academic session.
On behalf of respondents, it is stated that the petitioner's placement in the institution at Banda was till 31.8.2021 and he cannot continue beyond it.
Admittedly, petitioner has been substantively appointed as Assistant Teacher at Mahoba and he is entitled to continue in the institution where he has been substantively appointed. In the event he has been transferred to a different district, his engagement would be in terms of the policy taken by the State.
The purpose of posting the petitioner in a primary institution Bahadur Purwa is to impart education in Urdu. In the event, there are students who are willing to study Urdu and there is no alternative arrangement available, the respondent no. 2 shall ensure that the petitioner is allowed to continue till the end of the academic session. However, if there is no requirement of Urdu teacher in the institution concerned, a specific order to that effect would be passed and the petitioner shall, in that event, be sent to his substantive post. Required decision in that regard would be taken within a period of six weeks from the date of presentation of copy of this order.
Writ petition stands disposed off.
Order Date :- 28.10.2021 n.u.