Court No. - 36
Case :- WRIT - A No. - 6195 of 2021 Petitioner :- Suneeta Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Shri B.B. Pandey, learned Chief Standing Counsel assisted by Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel and Shri Ram Bilas Yadav, Advocate, appearing for the respondents submitted that the issues involved in the present writ petition are squarely covered by the decision of a coordinate Bench of this Court in Writ A No.6136 of 2021 (Rina Upadhyay and 13 others vs. State of UP and 3 others), wherein the Court has proceeded to dismiss the writ petition with following observations:-
"It appears that transfers in large numbers were allowed without verifying the correct cadre of the teacher concerned and the anomaly was ascertained much later. A Government Order consequently came to be issued on 11.02.2021 proposing to rectify the anomalies caused in the matter of transfer. Clause 2 of this Government Order deals with the exigency arising in the present bunch of petitions. It is clearly provided that the District Basic Education Officer shall certify the cadre of the teachers concerned and on the basis of such verification transfers would be allowed within the cadre from one district to another. It is in accordance with this Government Order that respective cadre of teachers was certified by the District Basic Education Officer concerned and those teachers whose transfer was allowed contrary to Rule 21 of the Rules of 1981 and the Government Order dated 02.12.2019 have been relieved from their transferred place for joining at their original place of posting.
It is apparent that petitioners have been transferred from one district to another treating their transfer to be within the cadre although their transfer was made from one cadre to another. This was since in teeth of the rules and the applicable policy therefore, no exception can be taken if petitioners have been sent back to their place of original posting in their cadre. The petitioners are themselves to blame for it inasmuch as they were clearly aware of their cadre but they falsely projected a different cadre for seeking inter-district transfer. Cancellation of transfers, secured on the basis of incorrect disclosures made in the application forms would, therefore, require no interference in exercise of writ jurisdiction. Challenge laid to the impugned action in the present bunch of petitions fail and the writ petitions are dismissed.
Dismissal of these petitions, however, will not preclude the authorities from considering petitioners' claim for transfer as and when the second phase of transfer policy commences as per Rule 21 of the Rules of 1981 read with Government Order and petitioners' application for transfer will not be ignored only because they made incorrect disclosures earlier. Petitioners' claim for transfer within the cadre would also be examined as per their merits and in accordance with law. The applicable Government Order in that regard shall be adhered to."
In view of above, this writ petition is also dismissed following the decision in Rina Upadhyay's case (supra).
Order Date :- 19.8.2021 RKP Digitally signed by JUSTICE MAHESH CHANDRA TRIPATHI Date: 2021.08.19 15:54:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad