Court No. - 39
Case :- WRIT - A No. - 14709 of 2019 Petitioner :- Raj Kishore Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1 and 2 and Sri Pranesh Dutt Tripathi, learned counsel for respondent nos. 3 and 4.
Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher in Uchh Prathamik Vidhyalaya, Bhawpur, Block Sehrai, Kushinagar on 21.09.2015. Wife of petitioner, namely, Smt. Pramila Sakhya is 90% handicapped and was also appointed as Assistant Teacher in Janta Madhyamik Vidhyalaya, Bhagwantapur, Auraiya. He next submits that relying upon different Government Orders, which provide posting of husband and wife in one district, petitioner has moved representation dated 20.07.2019 before respondent no. 3 with a request to transfer the petitioner in any school of district Auraiya where his wife is working, but till date, no decision has been taken. Lastly, he submits that a suitable direction may be issued to respondent no. 3 to consider the representation of the petitioner dated 20.07.2019 and decide the same within stipulated time.
Sri Pranesh Dutt Tripathi, learned counsel for respondent nos. 3 and 4 submits that representation of the petitioner shall be considered and decided at the earliest in accordance with law.
Under such facts and circumstances, this petition is disposed of with direction to respondent no. 3 to consider the representation of the petitioner dated 20.07.2019 and decide the same strictly in accordance with law maximum within a period of six weeks from the date of production of certified copy of the order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 3 to decide the application of the petitioner after considering the relevant Rule as well as Government Orders occupying the field.
Order Date :- 25.9.2019 Arvind