Court No. - 5
Case :- WRIT - A No. - 3283 of 2019 Petitioner :- Rama Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Birendra Singh,Syed Irfan Ali Counsel for Respondent :- C.S.C.,Chandrakesh Rai,Pranesh Dutt Tripathi
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri Chandrakesh Rai learned counsel representing the District Basic Shiksha Adhikari, Jhansi, respondent no. 5 and learned standing counsel who represents respondents no. 1, 2 and 6.
This writ petition has been filed with the prayer to issue a mandamus commanding the respondent no. 3, Secretary Basic Shiksha Parishad, Prayagraj, to pass a transfer order of the petitioner and to accept the petitioner's request transferring her from District Kushinagar to District Jhansi as per online application no. 20478.
The brief fact of the case are that the petitioner is an Assistant Teacher and is performing her services as an Assistant Teacher at District Kushinagar in Primary School Kishundas Patti, Vikas Khand - Fazilnagar, District Kushinagar. Date of appointment of the petitioner is 9.11.2015. The petitioner was married in the year 2013-14 and the husband of the petitioner Sri Shailendra Gupta is a government employee and is presently posted in the District Jhansi.
The submission of learned counsel for the petitioner is that the District Kushinagar is far away from District Jhansi and since the petitioner's husband is in a government job the petitioner is entitled to reside alongwith her husband. In this regard the petitioner has approached the respondents by means of a representation dated 29.1.2019. The claim of the petitioner is that the representation of the petitioner is still pending and no decision is taking so far. The petitioner has also placed reliance upon a judgment of this Court in Writ A No. 10048 of 2018 (Smt. Richa Shukla and 2 others Vs. State of U.P. and 3 others) decided on 17.4.2018.
In view of the aforesaid the writ petition is disposed of by directing respondent/competent authority to act upon the petitioner's representation and decide the same by reasoned and speaking order preferably within a period of one month from the date of production of certified copy of this order. The writ petition is accordingly disposed of.
Order Date :- 28.2.2019 Md Faisal