कोर्ट ने माना की विभाग ने निर्णय नहीं लिया और विभाग को कहा की निर्णय ले व् स्पीकिंग ऑर्डर में जवाब शिक्षिका को दे -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 17
Case :- WRIT - A No. - 8996 of 2017
Petitioner :- Smt. Shilpa Singh
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rishu Mishra,Uma Kant Mishra
Counsel for Respondent :- C.S.C.,Awadhesh Kumar,Brij Bhushan Prasad Shriv
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioner, learned standing counsel for respondent no.1, Sri Awadhesh Kumar and Sri Brij Bhushan Prasad Srivastava appearing on behalf of respondent nos. 2, 3 and 4.
The petitioner who is presently working as Assistant Teacher in Junior High School, Ekadgawan Development Block Gilaula, District Shrawasti, sought her transfer to an institution in district Basti on the ground that her husband is working as Headmaster in Primary Pathshala, Gangapur-II, Development Block Kaptanganj, District Basti. The application in that regard was filed by the petitioner� on 18.10.2016. The grievance of the petitioner is that no decision has been taken on the said application by the respondents.
Learned counsel appearing on behalf of respondents 2, 3 and 4 submitted that a circular has been issued by the Board prescribing the format for submitting application for inter-district transfer. It is urged that the application filed by the petitioner� does not seem to have been field in the said proforma.
It is not disputed before this Court that the Board has yet not taken any decision on the application filed by the petitioner seeking inter-district transfer. In such view of the matter, this Court is of the opinion that the interest of justice would be served in directing the U.P. Basic Shiksha Parishad, Allahabad� to take decision in the matter by means of� a speaking order.
It is directed accordingly.
Decision in this regard shall be taken by the Board within a period of six weeks from the date of production of a certified copy of this order alongwith fresh representation as well as a photostat copy of the application dated 18.10.2016.
(Manoj Kumar Gupta, J.)�������������������
Order Date :- 28.2.2017
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