Court No. - 39
Case :- WRIT - A No. - 14682 of 2019 Petitioner :- Nilam Priyadarshi And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Chaubey Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for the respondent nos. 1 & 2 and Sri Ras Bihari Pradhan, learned counsel for the respondent nos. 3 & 4.
Present petition has been filed with the following prayer:-
(i) Issue a writ order or direction in the nature of writ of mandamus directing/commanding to the respondents to transfer the petitioners in respective schools where the petitioners are seeking mutual transfer."
Learned counsel for the petitioners submitted that all the petitioners are working as Assistant Teachers in different Primary Schools run by Secretary of Board of Basic, Education. All petitioners are fulfilling the requirement of Rule 8(2)(c)(f) of Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (hereinafter referred to as 'Rules, 2008') which provides for mutual transfer. Petitioners have submitted applications before the respondent no.4 for mutual transfer, but till date those applications have not been decided by the respondent no.4. Lastly, he submitted that a suitable direction may be issued to respondent no.4 to decide the applications of petitioners and transfer the petitioners as required by them.
Sri Ras Bihari Pradhan, learned counsel for the respondent nos. 3 & 4 submitted that applications of the petitioners shall be considered and decided strictly in accordance with law at the earliest.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent no.4 to decide the applications of the petitioners strictly in accordance with law maximum within six weeks from the date of production of certified copy of this order. Petitioners are directed to annex the photo copies of the applications earlier submitted before the respondent no.4 alongwith certified of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.4 to decide the applications of the petitioners after considering the 'Rules, 2008', Government Orders or any other Rules occupying the field.
Order Date :- 25.9.2019 Junaid