Court No. - 4
Case :- WRIT - A No. - 153 of 2018 Petitioner :- Satendra Kumar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Ji Rai,Amit Saxena Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi With Case :- WRIT - A No. - 3131 of 2018 Petitioner :- Rajesh Kumar Singh Respondent :- State Of U.P.
Counsel for Petitioner :- Mr Gopal Ji Rai Counsel for Respondent :- C.S.C.,Mr Sanjay Chaturvedi And Case :- WRIT - A No. - 285 of 2018 Petitioner :- Girijesh Prasad Upadhyay And 16 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Singh,Chandrachud Pandey,Vineeta Pandey Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Ajit Kumar,J.
Learned counsels for the three writ petitions bearing Writ A Nos. 153 of 2018, 285 of 2018 and 3131 of 2018 state that these all are identical and so all are clubbed together and are being disposed by this order.
Heard learned counsels for the petitioners and perused the record.
The grievance of the petitioners is that under the order dated 12.12.2014 passed by the District Basic Education Officer, Ballia, they have been transferred and given posting at the place where they were working at the time of passing of the impugned order and by the impugned order without any reason they have been repatriated and with the condition that if they do not report at places of repatriation, action will be taken against them.
Initially when the writ petition was entertained against the impugned order dated 29.4.2017 and the consequential order dated 19.12.2017, in the writ petition, this Court vide order dated 4.1.2018 granted an interim protection to the petitioners while directing to Sri Sanjay Chturvedi, learned counsel appearing on behalf of respondents no. 2, 3 and 4 to seek instruction in the matter. Today Sri Chaturvedi has placed instructions in compliance of order dated 04.01.2018 and the same is take on record. According to the instruction the then District Basic Education Officer acted in the matter of transfer of teachers without any direction from the Secretary, U.P. Basic Education Board, Allahabad. Departmental Enquiry had been set up against the erring District Basic Education Officer. In the enquiry the District Basic Education Officer has been found guilty. The instructions that are placed before the Court, contain the inquiry report dated 19.4.2017 as well.
Having heard learned counsel for the parties and having perused the record of the writ petition and the pleadings raised therein and instructions produced by the learned counsel appearing for the District Basic Education Officer, I find that even if the intra district transfer order was passed the District Basic Education Officer in the year 2014 at least a notice ought to have been given to the petitioners before repatriating them to the earlier institution.
Sri Snajay Chaturvedi, learned counsel for the respondent does not dispute this fact that there is nothing in the order indicating compliance of principles of natural justice.
In the opinion of the Court if the petitioners were transferred to another institutions four years back and got settled there, at least they deserved a notice prior to repatriation so that they may defend the earlier transfer/adjustment made under the order dated 12.12.2014.
The Court may record that the earlier order dated 12.12.2014 has nothing to do with the policy of surplus staff transfer.
Let the matter be considered afresh by the District Basic Education Officer by giving opportunity of hearing to the petitioners in the matter and until such decision is taken, the interim protection granted by this Court shall continue, provided the petitioners continue to enjoy posting de facto in their respective schools. The necessary exercise shall be done at the end of District Basic Education Officer within a period of six months from the production of certified copy of the order.
Sri Chaturvedi, learned counsel for the appearing for the B.S.A. shall inform the District Basic Education Officer, about this order within two weeks.
All the three writ petitions stands disposed of by this order.
Order Date :- 27.11.2018 Md Faisal