Upper Primary School Transfer Matter

Upper Primary School Transfer Matter

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 23

Case :- SERVICE SINGLE No. - 5500 of 2013

Petitioner :- Rajesh Kumar Dwivedi
Respondent :- State Of U.P. Thru Secy.(Basic)Govt.Of Up Civil Sectt.& Ors.
Counsel for Petitioner :- Vinay Misra
Counsel for Respondent :- C.S.C.,Ajay Kumar

Hon'ble Sudhir Kumar Saxena,J.
It is submitted by learned counsel for the petitioner that petitioner has challenged the order of transfer dated 31.07.2013 whereby petitioner has been transferred from Uppar Primary School Bahlolpur block Behndar to Upper Primary School Karahi, block Ahirori, Hardoi.
Submission of learned counsel for the petitioner is that after transfer of petitioner, school would become a closed institution as there is no teacher and the school is running with only single teacher while petitioner is sought to be posted at a place where already three teachers are working, as such in order to facilitate the education to all the students and to ensure the optimum presence of teachers, petitioner's transfer is contrary to the public policy.
Sri Ajay Kumar, learned counsel appearing for BSA on the basis of oral instructions given by BSA, Hardoi, states that Upper primary school Karahi, block Ahirori, Hardoi is headed by one teacher and the same has been transferred. In his place petitioner is being transferred. If petitioner's transfer is cancelled, then Karahi school will also become a closed institution.
Since there is factual dispute, I direct Sri Ajay Kumar, Advocate to file counter affidavit of BSA, Hardoi by Tuesday.
Put up this case on Tuesday i.e. 24.09.2013. If it is found that statement given in this Court is wrong, it would be open to petitioner's counsel to pray for cancellation of order.
Order Date :- 20.9.2013
kkv/


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2809712