Court No. - 32
Case :- WRIT - A No. - 16069 of 2017 Petitioner :- Satya Prakash Mishra Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Anoop Trivedi,Vibhu Rai Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner; Shri Mrigraj Singh, learned counsel appearing for the respondent no. 2 and the learned Standing Counsel appearing for the respondent no. 1.
By means of this writ petition the petitioner has come to this Court with the prayer that the wife of the petitioner is currently working as Assistant Teacher at Swami Vivekanand Inter College, Madiyahu, Jaunpur and is a regular Teacher in the said institution. She does not hold a transferable post whereas the petitioner is an Assistant Teacher in Basic Primary School run by Basic Education Board. A notification was issued by the Board inviting applications for transfer under Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981. The petitioner has made an application on the ground that since his wife is posted at Jaunpur, he may be placed at Jaunpur. Considering the application of the petitioner now he has been placed at Sant Ravidas Nagar instead of Jaunpur. The petitioner has made an application to the Secretary, Basic Education Board that his initial application under the 21 of the 1981 Rules itself was for Jaunpur as his wife is there, but instead he has been placed at Sant Ravidas Nagar. As such, the same may be reconsidered and he may be posted at Jaunpur itself. The said application has remained pending and has not been decided.
The writ petition is disposed of with the direction to the Secretary, Basic Education Board U.P., Allahabad to consider the application of the petitioner sympathetically and pass appropriate orders thereon within a period of three months from the date a certified copy of this order is presented before it.
Order Date :- 18.4.2017 / Sunil Kr. Gupta