Court No. - 35
Case :- WRIT - A No. - 12604 of 2020
Petitioner :- Smt.Reena Chaudhary And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Singh Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Salil Kumar Rai,J.
Counsel for the petitioners prays that the writ petition be dismissed as withdrawn on behalf of petitioner no.1 and states that the writ petition is being pressed only for petitoner no.2 i.e. Smt.Mridula W/o Pramod Kumar. In view of the prayer made by the counsel for the petitioners, the writ petition is dismissed as withdrawn on behalf of petitioner no.1 i.e. Smt. Reena Chaudhary W/o Ankit Chaudhary.
It has been stated in the writ petition that the petitioner no.2 has sought an inter-district transfer because of her marriage but the same is being refused on account of Clauses 14 and 16 of the Transfer Policy promulgated by the State Government.
It has been argued that the aforesaid approach of the concerned authorities is contrary to the guidelines laid down by this Court in Divya Goswami & Ors. v. State of U.P. & Ors. (2020 (11) ADJ 137). A reading of the guideline No.III shows that the female teacher is entitled to second opportunity for inter-district transfer on the ground of either parents dependency or spouse residence/in-laws residence and further Guideline No.VI indicate that the female teacher is entitled to relaxation under Rules 8(2)(d) read with Rule 8(2)(b) of the Uttar Pradesh Basic Education (Teacher) (Posting) Rules-2008.
Shri Anil Kumar Yadav holding brief of Shri Shivam Yadav representing respondent nos.2 and 3 states that subject to verification of all facts and contentions on merits being kept open, the prayer for transfer as made in the instant petition shall be duly evaluated in light of the judgment rendered in Divya Goswami and others v. State of U.P. and Others (supra) and subject to the petitioner having complied with the online application process as envisaged under the concerned Government Order.
The writ petition is disposed of in the light of the statement given by counsel for the respondent nos.2 and 3.
Order Date :- 6.1.2021/Jyotsana