Court No. - 18
Case :- WRIT - A No. - 2854 of 2019 Petitioner :- Priyanka Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Prakash Padia,J.
Heard Sri Ajeet Kumar, learned counsel for the petitioner, Ms. Praveen Shukla, learned Standing Counsel for respondent No.1 and Sri A.C. Srivastava, learned counsel put his appearance on behalf of respondent Nos. 2, 3 and 4.
The petitioner has preferred the present writ petition with the prayer to issue a Mandamus directing the respondents- authorities to transfer the petitioner from Kanpur Dehat to Kanpur Nagar by extending the benefit of provisions of Rule 8(2)(d) of the U.P. Basic Education (Teacher) (Posting) Rules, 2008.
Facts in brief as contended in the writ petition are that the petitioner was initially appointed as Assistant Teacher in Primary School Polnagar Education Block Akbarpur District Kanpur Dehat vide appointment letter dated 16.3.2017. It is contended in paragraph 4 of the writ petition that the petitioner is rendering her services at the school in question by residing with her in-laws house at Kanpur Nagar. It is further contended that the father-in-law of the petitioner is 60 years old and residing at Kanpur Dehat. The husband of the petitioner is employed in Indian Army and as such, he is not able to look after his parents. As such, she is facing great hardship in attending her services at the Primary School which is situated at Kanpur Dehat. It is further contended that the Institution in question is situated 100 Kms. away from the residence of the petitioner. The petitioner relied upon a Government Order issued by the State Government dated 13.6.2017 The petitioner also relied upon the Rule 8(2)(d) of the U.P. Basic Education (Teacher) (Posting) Rules, 2008. The aforesaid rule is quoted below:-
"8(2)9d) in normal circumstances the applications for inter district transfer in respect of male and female teachers will not be entertained within five years of their posting, but under special circumstances, application for inter district transfer in respect of female teachers would be entertained to place of residence of their husband or in law's district."
The petitioner relied upon a judgment delivered by this Court in Special Appeal No.857 of 2018 (Sandhya Rani Srivastava and 14 others Vs. State of U.P. and 2 others) decided on 30.10.2018. The petitioner also submitted a representation to the authorities, since, no action was taken either accepting or rejecting the representation submitted by the petitioner, the petitioner has filed the present writ petition.
In view of the facts as narrated above and with the consent of learned counsel for the parties, the present writ petition is disposed of at the admission stage itself.
In the facts and circumstances of the case, the petitioner is directed to make a fresh representation ventilating all her grievances before the respondent No.2/Secretary U.P. Basic Education Board, Allahabad along with a certified copy of this order within a period of two weeks from today.
If such a representation is made, respondent No.2/Secretary U.P. Basic Education Board, Allahabad is directed to look into the matter and pass appropriate speaking orders in accordance with law within a period of two months from the date of communication of this order.
With the aforesaid observation, the writ petition stands disposed of.
Needless to say that this Court has not expressed its opinion on the merits of the case. The second respondent shall pass the order independently and in accordance with law.
Order Date :- 22.2.2019 saqlain