Court No. - 36
Case :- WRIT - A No. - 9353 of 2021 Petitioner :- Rekha Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Sanjay Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Surya Bhan Singh, learned Standing Counsel. Shri Sanjay Kumar appears for respondent nos.2 and 3.
Present writ petition has been preferred for a direction to Secretary, U.P. Basic Education Board, Prayagraj to consider the inter district transfer of the petitioner to the post of Asstt. Teacher in a Primary School in the district Shamli from district Sitapur in the light of Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 within stipulated period.
Learned counsel for the petitioner submits that the husband of the petitioner is residing at Shamli. Her son is also sufferring from Microtia (bilateral) i.e. incomplete formation of both the ears. He is also having large perimembraous Ventricular Septal Defect (VSD) of 0.9 cms from Left to Right shunt and small Patent Ductus Arteriosus (PDA) of 0.3 cms from Left to Right, in other words, having two holes in the heart. It is contended that the petitioner has moved on-line application for inter- district transfer on 14.1.2020 and her baby was born on 1.10.2020, as such she could not mention the medical issues relating to her baby boy in her online application form and she could not be awarded 10 marks as weightage. It is contended that in the interest of baby boy, the petitioner needs urgent transfer from Sitapur to Distt. Shamli and as such this Court may come for rescue and reprieve of the petitioner for direction to the respondents to take sympathetic consideration.
Learned counsel for the petitioner has contended that similar controversy has earlier been raised in Writ-A No.5361 of 2021 (Shobha Devi v. State of U.P. & Ors.) in which the Court has accorded indulgence vide order dated 8.7.2021 and as such it is contended that the petitioner being on similar footing is also entitled for similar relief. In support of his submissions, he has also placed reliance on the judgment dated 16.7.2021 passed in Writ-A No.7575 of 2021 (Syeda Rukhsar Mariyam Rizvi v. State of U.P. & Ors.).
Considering the facts and circumstances of the case, the writ petition stands disposed of asking the authority concerned to look into the grievance of the petitioner and redress the same sympathetically looking to the medical condition of her son and in view of the judgments cited above. It is made clear that in case sympathetic consideration cannot be accorded for the said academic session, the petitioner would be at liberty to claim the aforesaid relief for the next academic session.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 SP/