Heard Sri Amit Chaudhary, learned counsel for the petitioner, learned Standing Counsel for opposite party no.1, Sri Ran Vijay Singh, learned counsel for opposite party no.2 and Sri Prashant Arora, learned counsel for opposite party no.3.
By means of this petition, the petitioner has prayed that opposite parties no.2 & 3 may be directed to consider and accede the request of the petitioner for transfer on one of the options given by her as per weightage points awarded in terms of Government Policy dated 2.12.2019 ignoring the rejection order dated 28.12.2020 whereby such grievance of the petitioner has been rejected.
Sri Chaudhary, learned counsel for the petitioner has submitted that the petitioner is a widow having nine years old daughter and is living 70 Kms. away from her in-laws and parents place in Amethi, therefore, in this peculiar facts and circumstances, her grievance should have been considered sympathetically but while rejecting the grievance of the petitioner, the authority concerned has not considered this fact. The petitioner was initially appointed as Assistant Teacher at Primary School Ismailpur, Block Gauriganj, Amethi on 3.9.2016 but her posting order was modified vide order dated 28.9.2016 and instead of initial place of posting at Primary School Ismailpur, Block Gauriganj, Amethi, she was permitted to submit her joining at Primary School Barnatikar, Gauriganj. The petitioner is discharging her duties uninterruptedly at Primary School Barnatikar, Gauriganj. The petitioner has preferred a representation for seeking transfer treating her place of posting as urban in view of the notification dated 27.2.2015 (Annexure No.6) issued by the State Government but said place is being treated as rural area, therefore, application of the petitioner was rejected for the reason that no transfer from rural area to urban area can be made. Learned counsel for the petitioner has further submitted that if the present place of posting of the petitioner is being treated as rural, then her indication in the application for the place in question as urban is a bonafide mistake, therefore, her request should have been considered considering her grievance as stated above.
Sri Ran Vijay Singh, learned counsel for opposite party no.2 has referred Rule 21 of 1981 Rules wherein it has been prescribed that the transfer of a Teacher cannot be made from rural to urban area or urban to rural area without approval of the Board. Since the petitioner has sought her transfer from rural to urban area, therefore, her request has been turned down.
In the opinion of this court, the mistake committed by the petitioner is a general phenomena. While filling up the application form, such type of mistake can be committed by anyone. Thus, in the interest of justice, one opportunity may be granted to the petitioner to approach the department, who will consider the claim of the petitioner and shall pass appropriate reasoned and speaking order.
Accordingly, this petition is finally disposed of with a liberty to the petitioner to move a fresh application ventilating all her grievances within a period of two weeks from today. In case such an application is filed, the same shall be considered and appropriate reasoned and speaking order shall be passed within a period of 30 days from the date of production of a certified copy of this order.
Order Date :- 22.1.2021 RBS/-
[Rajesh Singh Chauhan,J.]