नियम विरुध्द तैनाती पर कोर्ट ने ट्रांसफर पोस्टिंग कमेटी को रेफर किया बेसिक शिक्षक का मामला
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 15815 of 2017
Petitioner :- Raghvendra Singh
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Pradeep Kumar Tiwari,Sanjai Kumar Pandey
Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner; Shri Awadhesh Kumar, learned counsel appearing for the District Basic Education Officer-respondent no. 3 and the learned Standing Counsel appearing for the respondents no. 1 and 2.
The petitioner is an Assistant Teacher in a Primary School maintained by the Basic Education Board. The posting, transfer and attachment of Teachers are done according to the U.P. Basic Education (Teachers) (Posting) Rules, 2008 (in short '2008 Rules') with first amendment in 2010. Rule 9 of the said 2008 Rules provides for constitution of a Posting Committee consisting of four members. All transfer and posting are to be done by the aforesaid committee. In the present case the petitioner was appointed as Assistant Teacher in Primary School Parsa Kutub, Block-Ram Nagar, District-Basti on 8.2.2010. He was subsequently, by an order was promoted on the post of Headmaster on 31.12.2014 and was posted at Primary School Madhvapur, Block-Saltaua, District Basti. Thereafter on some ground the petitioner was attached on 22.1.2015 in Uchchtar Prathamik Vidyalay Sabdeiya Khurd, Block-Saughat, District Basti where the petitioner is working.
It is submitted that the petitioner was inconvenienced with the fact that he was appointed in a different institution and was attached to a different institution and salary that was being paid was from the institution, namely, Primary School Madhvapur whereas the petitioner is working in different school. Therefore, the petitioner filed an application to the District Basic Education Officer that since he was attached to a different school, his salary be paid from that school. By an order dated 22.12.2016 it was provided that the petitioner be paid his salary from the school where he has been attached. This order has now been recalled by the impugned order dated 29.12.2016 on the ground that the said order has not been passed by the Committee so constituted under Rule 9 of the 2008 Rules.
I have considered the submissions of learned counsel for the petitioner.
In my view, it would be appropriate to direct the Committee constituted under Rule 9 of the 2008 Rules to look into the matter and consider the claim of the petitioner in accordance with law. The District Basic Education Officer, Basti will place the papers of the petitioner before the said Committee, which will consider the same and pass appropriate orders after hearing the petitioner within a period of two months from the date the papers are presented before it. Till the time the said decision is taken by the Committee under the time prescribed, the petitioner shall be paid salary as per order dated 22.12.2016.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 17.4.2017
Sunil Kr. Gupta
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