HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 4356 of 2013
Petitioner :- Smt. Richa Awasthi
Respondent :- State Of U.P. Through Secy. Basic Edu. Deptt. Lko. & Ors.
Counsel for Petitioner :- Anurag Narain
Counsel for Respondent :- C.S.C.,Ajai Kumar,Rajeev Singh Chauhan
Hon'ble Devendra Kumar Arora,J.
Notice on behalf of opposite party no. 1 has been accepted by learned Chief Standing Counsel. Shri Rajiv Singh Chauhan, Advocate has accepted notice on behalf of opposite parties no. 2 to 4.
Heard learned counsel for parties and perused the record.
By means of present writ petition, the petitioner seeks a writ in the nature of mandamus commanding the opposite parties to consider and transfer her at the place of posting of her husband at district Hardoi from district Sitapur on the post of Asst. Teacher, Junior High School, as per policy of the U.P. Government.
Submission of learned counsel for the petitioner is that the petitioner as well as her husband namely, Raghvendra Pandey, both are teachers. Presently, petitioner is posted as Head Teacher at Primary School, Samsapur, block Mishrikh, district Sitapur whereas her husband is posted as Head Teacher, Primary School, Bheetha Mahasingh, block Ahirori, district Hardoi. As per transfer policy, as far as possible, husband and wife are required to be posted at same place/ district.
Further submission is that the petitioner moved an application for her transfer to the authorities concerned in the prescribed format on 26.3.2009 which was duly forwarded by the authority concerned. Again, in the year 2011, petitioner submitted application form 'on line' for her transfer from Sitapur to Hardoi so that she could live with her husband. Lastly, in the year 2013, petitioner again submitted her application form in the prescribed format for her transfer from Sitapur to Hardoi on 29.5.2013 (Annexure No. 5) but petitioner's case for transfer was not considered. The petitioner, being aggrieved with in-action of opposite parties, is constrained to approach this Court.�
Learned counsel for the petitioner, after arguing at some length, submitted that it would be in the interest of justice that necessary directions be issued to the Secretary, Basic Education, Allahabad (Opposite Party No. 2) to consider and decide the petitioner's representation dated 15.7.2013 (Annexure No. 8) within a stipulated period fixed by this Court.
Shri Rajiv Singh Chauhan, learned counsel for opposite parties has no objection to this prayer of learned counsel for the petitioner.
In view of the above, this writ petition is disposed of finally with the direction to the Secretary, Basic Education, Allahabad (Opposite Party No. 2) to consider and decide the petitioner's representation dated 15.7.2013 (Annexure No. 8) in accordance with law, by passing speaking & reasoned order within one month from the date of receipt of certified copy of this order and the decision so taken, be also communicated to the petitioner.
Order Date :- 30.7.2013
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