Court No. - 10
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2312 of 2019
Applicant :- Tej Pratap Singh
Opposite Party :- Sanjay Sinha, Secretary, Basic Education Board
Counsel for Applicant :- Pavan Kumar Hon'ble Mahesh Chandra Tripathi,J. In Re: Impleadment Application
This is an application seeking impleadment of Smt. Rubi Singh, Secretary, Basic Shiksha Parishad, U.P. at Allahabad, as opposite party no.2.
Application is allowed.
Let the necessary impleadment be carried out forthwith
In Re: Contempt Application
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 30.05.2018 passed in Writ-A No.5239 of 2018 (Tej Pratap Singh v. State of U.P.), wherein the Court has disposed of the writ petition in terms of order of the date passed in Writ Petition no.4950 of 2018 (Anuruddha Kumar Tripath vs. State of U.P. and others). For ready reference, the relevant extract of both the orders are quoted as under:-
Order passed in Writ-A No.5239 of 2018 "Heard learned counsel for the parties.
The controversy raised in this petition stands adjudicated by this Court by an order of date passed in Writ Petition No.4950 of 2018 (Anuruddha Kumar Tripathi Vs. State Of U.P. and Others).
For the reasons recorded therein, this writ petition is also disposed of on same terms."
Order passed in Writ Petition no.4950 of 2018 "14. It would, however, be appropriate to clarify again that an Assistant Male Teacher is a member of District Level Cadre and his transfer beyond the district is an exception and not the rule. Consideration of adequate representation of Assistant Teacher in an area to ensure providing of quality education to children aged 08 to 14 would be of paramount concern. Application for transfer before expiry of 05 year term by a male Assistant Teacher cannot be as a matter of routine.
Considerations like personal hardship or illness alone may not justify entertainment of application for transfer before expiry of 05 year term. The teacher must demonstrate exceptional or extraordinary circumstances before the Parishad for such application to be considered.
15. The power under Rule 21 to consider case of transfer is also subject to grant of approval by the Board. The Government Order dated 13th June, 2017 lays down the guiding principle for consideration of transfer of Assistant Teachers and ordinarily would be the guiding principle for grant of approval by the Board in terms of Rule 21 also.
16. Moreover, the contention advanced on behalf of the petitioner that inter-district transfers are to be considered only after transfers within the district are finalized, cannot be accepted. It has been brought on record before this Court that Government Order dated 13th June, 2017 relating to intra district transfer had been challenged in Writ Petition No.30538 of 2017 and an interim order had been granted by this Court on 31st July, 2017 on account of which all further proceedings had been stayed. The stipulation in Clause 4(1) that proceedings of inter-district transfer would be conducted only after conclusion of intra district transfer has therefore lost relevance, particularly as this Court had restrained the State from proceeding any further in the matter. Writ petition No.30538 of 2017 has been disposed of on 21.5.2018 permitting the State to come out with its new transfer policy. Petitioner, therefore, cannot complain of violation of Clause 4(1) of the policy either.
17. It would be appropriate to observe that the Assistant Teacher appointed in the basic institution is a member of District Level Cadre, which is allotted to him/her, after considering the preference of teacher concerned. Being a member of District Level Cadre, an Assistant Teacher is required to remain posted within the cadre and transfer beyond the cadre (outside the district) is ordinarily not conceived under the rules. Such transfer can be considered in normal circumstances only in accordance with the rules. Rule 8(2)(d) read with Clause 3 of the transfer policy clearly provides that such a request for transfer would ordinarily not be entertained at the instance of a male teacher before completing 05 years service.
18. The question as to whether there exists exceptional circumstances in a specific case, which may justify transfer of a teacher from one district to another, even before the five year posting has to be examined by the Basic Shiksha Parishad, at the first instance.
19. In light of the aforesaid discussions, it is held that transfer of a male assistant teacher from one district to another, in a basic school, can ordinarily be made only after completion of 05 year initial posting in backward area in accordance with Rule 8(2)(d) of the Rules of 2008 as well as the policy framed for the purpose. However, in extraordinary or exceptional circumstances an application for transfer can be considered by the Basic Shiksha Parishad even before expiry of such term. The question whether in a given case extraordinary circumstances exists or not has to be examined by the Basic Shiksha Parishad.
20. In such circumstances, this writ petition stands disposed of permitting the petitioner to represent in the matter before the Secretary, Basic Shiksha Parishad, U.P. Allahabad, by way of a representation together with certified copy of this order, within two weeks from today. Petitioner shall be at liberty to annex all material in support of his plea that there exists exceptional circumstances justifying his transfer from Lakhimpur Kheri to Banda even before completion of his 05 year term. The Secretary of the Basic Shiksha Parishad, U.P. Allahabad shall examine as to whether the ground on which petitioner is seeking his transfer would fall within the exceptional circumstances or not? A specific order, in that regard, shall be passed within a further period of three months, thereafter. No order as to costs."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the newly impleaded opposite party to comply with the aforesaid order of the Court within three weeks from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the newly impleaded opposite party and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the newly impleaded opposite party within one week thereafter and keep a recorded thereof.
The newly impleaded opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the newly impleaded opposite party within the stipulated time as aforementioned.
Order Date :- 29.4.2019
A. Pandey