Court No. - 4
Case :- WRIT - A No. - 25246 of 2018 Petitioner :- Nirmala Rajpoot Respondent :- State Of U.P. And 3 Other Counsel for Petitioner :- V.K. Baranwal Counsel for Respondent :- C.S.C.,Jay Ram Pandey,Raghvendra Pratap Singh
Hon'ble Ajit Kumar,J.
The petitioner states that the question of transfer of the petitioner on preferential basis in terms of the order dated 05.02.2018 is involved in the present case and according to the petitioner no vacancy has been shown in district Mainpuri on the official portal of the State, the petitioner therefore, could not be given the choice and could not get the preferential right of transfer at desired place.
Per contra, Sri R.P. Singh, learned counsel appearing for respondent nos. 2, 3 & 4 submits that the petitioner has no vested right to get transfer from one district to another district and this has been so held in Special Appeal No. 857 of 2018, Sandhya Rani Srivastava & Ors v. State of U.P. & Ors.
Having perused the order of Division Bench, I find that in the operative portion of the order it has been so observed:
"Having considered all facts of the case and especially looking into the fact that we have already taken a view in Special Appeal No. 870 of 2018 that the transfer from one district to other is not a right enforceable, we are not inclined to interfere in the matter. However, while disposing of this appeal we deem it appropriate to direct the respondents to consider the case of the appellants for transfer in ensuing educational session against the vacancies existing and if no other impediment exists the appellants be transferred in accordance with law.
The special appeal is accordingly disposed of."
At this stage, parties agree that the respondent no. 2 may be directed to look into the grievance of the petitioner in the light of observation given by Division Bench of this Court in Special Appeal No. 857 of 2018.
In view of the above, writ petition disposed of in terms of the direction issued and observations made in the order dated 30.10.2018 passed in Special Appeal No. 857 of 2018.
Order Date :- 30.11.2018 IrfanUddin