Court No. - 57
Case :- WRIT - A No. - 22871 of 2018 Petitioner :- Saminder Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Shukla Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Rajiv Joshi,J.
By means of this writ petition the petitioners have come to this Court raising a grievance that they are all Teachers of Primary Schools run by the Basic Education Board. They were promoted on the post of Headmaster in various institutions and thereafter transferred to Saharanpur. When they went to join the institution they were told that there is no vacancy of Headmaster and, therefore, they must get themselves demoted to the post of Assistant Teachers then they can be adjusted on transferred post.
Learned counsel for the petitioners submits that at the time when transfer order was passed there were vacancies in the institution of Headmasters, but hurriedly that were filled up by promotion. As such, the petitioners' claim could not have been rejected.
I have considered the submissions of learned counsel for the petitioners, Shri Bhola Nagh Yadav, learned counsel appearing for the respondents no. 2 and 3 as well as the learned Standing Counsel appearing for the State- respondent no. 1.
The writ petition is disposed of with the observation that in case the petitioners make a representation to the second respondent, Secretary, Basic Education, Board, U.P. Allahabad, the same shall be considered, in accordance with law, considering the vacancies in various institutions where the petitioners were transferred. The said decision shall be taken, as far as possible, within a period of four months from the date a certified copy of this order along with representation is presented before it after hearing all the aggrieved parties.
It is made clear that the Court has not adjudicated upon the claim of the petitioners in merit.
Order Date :- 27.10.2018 Akbar