Court No. - 58
Case :- WRIT - A No. - 10747 of 2018 Petitioner :- Sunil Kumar Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Niraj Tiwari Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Ashwani Kumar Mishra,J.
The petitioner was appointed as a Teacher of Primary School run by the Basic Education Board. He was promoted to the post of Headmaster and thereafter transferred to Jaunpur. 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 Teacher, and only then he can be adjusted on transferred post.
Learned counsel for the petitioner submits that at the time when transfer order was passed there was vacancy in the institution of Headmaster, but hurriedly that was 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 petitioner, Shri Mrigraj Singh, learned counsel appearing for the respondents no.2 and 3 as well as the learned Standing Counsel appearing for the State-respondent no.1.
The writ petition is disposed of with the observation that in case the petitioner make a representation to the District Basic Education Officer, Jaunpur 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.
Order Date :- 27.4.2018 Anil