Court No. - 58
Case :- WRIT - A No. - 10142 of 2018 Petitioner :- Seema Bansal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh,Prabhakar Dwivedi Counsel for Respondent :- C.S.C.,Ram Bilas Yadav Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following order was passed by this Court on 14 April 2018:-
"Petitioner is aggrieved by an order of transfer dated 31.3.2018, whereby he has been transferred from one institution to another within the same block. The order of transfer is necessitated on account of policy decision of the State to impart education in English Medium in the institution where the petitioner is functioning. Under the policy of the State, if the teachers are qualified to teach in English Medium, they are to be allowed in the same institution. It is also specifically provided in the letter of Secretary, U.P. Basic Shiksha Parishad, U.P. at Allahabad, dated 28.3.2018. Petitioner's grievance is that in teeth of the direction issued she is being transferred. Contention is that the interest of education would not be adversely affected if the petitioner is allowed to continue in the same institution, since she has been found to be proficient in teaching in English Medium.
Sri R. B. Yadav, learned counsel appearing for the respondent no.3 may obtain instructions.
Post as fresh on 25.4.2018.
Till the next date of listing, the effect and operation of the order dated 31.3.2018, insofar as it relates to present petitioner, shall be kept in abeyance."
Sri R.B. Yadav, learned counsel for the respondents states that petitioner has been attached to the nearby institution situated at about the distance of one kilometer as her working was not found satisfactory. An inspection memo has been brought on record, as per which, petitioner was not found present in the institution at the time of inspection. It is also recorded in the inspection memo that petitioner had signed on the attendance register and thereafter left the institution.
In case petitioner's working is found to be unsatisfactory, it would be open for the respondents to take appropriate action against her, as may be permissible in law, but for such reasons the petitioner cannot be attached to a different institution. It is otherwise admitted even to the respondents that no proceedings have been initiated against the petitioner.
In such circumstances, action of respondents in attaching the petitioner to a different institution would not be justified. The order passed by the District Basic Education Officer, Agra dated 31.3.2018, in so far as it relates to the present petitioner is concerned, is set aside. Petitioner shall be allowed to continue at the present place of posting. It shall however be open for the respondents to examine petitioner's working and if there are any complaints which are found to be true, the respondents shall be at liberty to take appropriate action.
In view of above, writ petition stands disposed of.
Order Date :- 25.4.2018
AK Pandey