Court No. - 19
Case :- WRIT - A No. - 57472 of 2017 Petitioner :- Sohanveer Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pawan Kumar Shukla Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav,Pradeep Singh Sengar
Hon'ble Suneet Kumar,J.
By means of this writ petition the petitioner has come to this Court raising a grievance that he was appointed as assistant teacher of Primary Schools run by the Basic Education Board. He was promoted on the post of Headmaster in Prathmik Vidyalaya Garhi Kalyan, Vikas Khand Narkhi. Vide order dated 05.06.2015, a mutual posting order was issued through which the petitioner was posted in the same capacity at Prathmik Vidyalaya Bhandi Jasrana Eka, and thereafter transferred to Hapur. When he went to join the institution he was told that there is no vacancy of Headmaster and, therefore, he must get himself demoted to the post of Assistant Teachers then he can be adjusted on transferred post.
Learned counsel for the petitioner 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 petitioner's claim could not have been rejected.
I have considered the submissions of learned counsel for the parties.
The writ petition is disposed of with the observation that in case the petitioner makes a representation to the District Basic Education Officer, Hapur, the same shall be considered in accordance with law considering the vacancy in the institution where the petitioner was 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.
It is made clear that the court has not adjudicated upon the claim and contention of the petitioner on merit.
Order Date :- 1.12.2017 K.K. Maurya