Court No. - 58
Case :- WRIT - A No. - 13235 of 2018 Petitioner :- Smt. Priyanka Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Durga Charan Singh Yadav Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
The petitioner is an Assistant Teacher. She is presently posted at Primary School, Mnuagarh Shiksha Kshetra Rehra Bazar, District Balrampur. She has made an online application No. 33736, seeking her transfer from District Balrampur to District Allahabad on the ground that her husband is working in Bank of Baroda, Shahjahanpur and her father-in-aw and mother-in-law are living at Allahabad.
Learned counsel for the petitioner submits that Rule 8(2) (d) of Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 provides that a teacher can be transferred at the place of residence of her in-laws. This issue has been considered by this Court in large number of cases. He has drawn attention of the Court to an order dated 19.7.2017, of this Court, passed in Writ-A No. 30808 of 2017, Bibha Singh Kushwaha Vs. U.P. Basic Education Board and others, wherein the same issue fell for consideration before the Court.
I have heard learned counsel for the petitioner, learned Standing Counsel and the learned counsel appearing for respondent nos. 2, 3 & 4. With their consent the writ petition is being disposed of finally at this stage in terms of the Rules of the Court.
Rule 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008 which deals with posting of teachers, provides thus:
"In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district."
In Bibha Singh Kushwaha (supra), this Court after considering abovementioned Rule 8(2)(d), has held that a Government Order would not override the statutory provision, hence in spite of the Government Order dated 3.5.2017, application of a female teacher for her transfer on the ground of couple posting can be entertained notwithstanding some of the contrary conditions in the said Government order and there is no legal bar in considering the representation of the petitioner in terms of Rule 8(2)(d) of the Rules, 2008.
Having due regard to the facts of the case, as the matter is squarely covered by the judgment of this Court in Bibha Singh Kushwaha (supra), accordingly, a direction is issued to the second respondent to consider the cause of the petitioner and pass appropriate order in the light of judgment in Bibha Singh Kushwaha (supra) expeditiously, preferably within two months from the date of communication of this order.
With the above directions, the writ petition stands disposed of. No order as to costs.
Order Date :- 30.5.2018 n.u.