Court No. - 36
Case :- WRIT - A No. - 9128 of 2019 Petitioner :- Sushil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harindra Prasad,Jagdish Singh Maurya Counsel for Respondent :- C.S.C.,Rajesh Khare
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and Sri Rajesh Khare, learned counsel for the respondent nos. 2 and 4.
The petitioner has been appointed on the post of Assistant Teacher on 21.9.2015 in a primary school being run by the Basic Shiksha Parishad in District Chitrakoot.
The prayer in the present writ petition is to issue a direction to respondent no. 2 to consider the request of the petitioner for transfer from District Chitrakoot to District Jhansi on the plea that wife and parents of the petitioner are residing in Jhansi and he has two minor children and to accompany them, it is necessary for him to reside at Jhansi. Further the plea of illness of father of the petitioner has been taken. Reliance is placed on clause 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008.
Sri Rajesh Khare, learned counsel for the respondent nos. 2 and 4, on the other hand, submits that there is a rider in inter-district transfer in the policy framed for the purpose for a period of five years, from the date of appointment. No Assistant Teacher can claim transfer in a routine manner. Only in exceptional circumstances, such a transfer can be permitted. No dispute could be raised about the said provision in the matter of inter- district transfer.
A reading of the said rules indicates that in normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained for transfer to the place of residence of their husband or in law's district.
In the said scenario, it is not possible for the Court to accept the prayer of the petitioner as the alleged adverse circumstances faced by the petitioner cannot be said to be extraordinary.
Moreover, the chain of inter-district transfer is complete much earlier and every candidate who had submitted application On- line had been considered by the respondent no. 2. No fresh direction as such can be given.
The petitioner is not eligible for transfer at this stage.
For the aforesaid, the writ petition is found misconceived and hence dismissed.
Order Date :- 29.5.2019 Brijesh