Heard Sri Sharad Pathak, learned counsel for the petitioner, learned Standing Counsel for opposite parties no.1 & 2, Sri Ran Vijay Singh, learned counsel for opposite party no.3, Sri Rahul Shukla, learned counsel for opposite party no.4 and Sri Ajay Kumar, learned counsel for opposite party no.5.
By means of this petition, the petitioner has placed her grievance to the extent that she is Assistant Teacher of Upper Primary School at Barabanki and on her request, she has been transferred to Ayodhya where she is being placed in the bottom of the cadre of Assistant Teacher (Basic) and the specific affidavit to that extent is being sought by the District Basic Education Officer concerned. Proforma affidavits have been filed by the petitioner as Annexure No.11 to the writ petition. As per learned counsel for the petitioner, District Basic Education Officer, Barabanki is seeking affidavit from the petitioner on the same proforma.
Sri Rahul Shukla, learned counsel for District Basic Education Officer, Barabanki, has submitted that the proforma affidavits, which have been enclosed as Annexure No.11 to the writ petition, are not applicable for the district Barabanki and he has demonstrated one affidavit being sought by District Basic Education Officer, Barabanki from one candidate, which is in terms of Government Order dated 2.12.2019 passed by the Basic Education Department, Anubhag-5 (Annexure No.5), in view of the conditions no.18 & 23 of said Government Order. Therefore, Sri Rahul Shukla has submitted that the proformas enclosed as Annexure No.11 to the writ petition are not relating to district Barabanki.
Sri Pathak has shown apprehension to the effect that as soon as the petitioner shall file affidavit before the District Basic Education Officer, Barabanki, she shall be placed in the bottom of the list of the Assistant Teachers (Basic). Sri Pathak has further submitted that this affidavit, which has been shown by Sri Rahul Shukla, is meant for those Assistant Teachers, who are the Assistant Teachers (Basic) and are being transferred in a district in the same capacity as Assistant Teacher (Basic), therefore, as per Sri Pathak, this affidavit shall not be applicable for such type of Teachers, who are serving as Assistant Teacher in Upper Primary School and they may likely to be placed in the bottom of the list of Assistant Teachers (Basic), therefore, proforma of such affidavit may be called. Photocopy of proforma affidavit given by Sri Rahul Shukla is taken on record.
Be that as it may, since the petitioner has not filed any affidavit and has not approached the District Basic Education Officer, Barabanki, therefore, the petitioner is permitted to approach the District Basic Education Officer, Barabanki to do needful including to submit affidavit in terms of Clause 18 & 23 of the Government Order dated 2.12.2019 (Annexure No.5), with expedition and the District Basic Education Officer concerned shall take necessary steps so that the petitioner could submit her joining at the transferred place i.e. Ayodhya. It is made clear that if the petitioner has got any grievance thereafter, she may approach this Court by filing petition.
The writ petition is disposed of in the aforesaid terms.
Order Date :- 3.2.2021 RBS/-
[Rajesh Singh Chauhan,J.]