बेसिक शिक्षा विभाग में अपने चाहतों को लाभ पहुँचाने के लिए फर्जीवाड़ा कर तमाम ट्रांसफर कर लिए,
इलाहबाद हाई कोर्ट ने डायरेक्टर बेसिक एजुकेशन से इस पर क़ानूनी रूप से उचित निर्णय जारी करने को कहा और एक कॉपी मांगी
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 16052 of 2017
Petitioner :- Neelam Kumari And 7 Ors.
Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- Shantanu Khare,Ashok Khare
Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari,Pradeep Singh Sengar,Yatindra
Hon'ble Abhinava Upadhya,J.
The petitioners are Teachers of Primary Schools and Senior Basic Schools maintained by the Basic Education Board. Rule 21 of U.P. Basic Education (Teachers) Service Rules, 1981 provides that inter-district transfer can be made only on the request of concerned teacher. It appears that large number of teachers were raising the demand of transfer, therefore, by the Government Order dated 23.6.2016 it was provided as a one time measure to apply online for inter-district transfer for such teachers who are desirous for transfer.
It is submitted that petitioners also applied for transfer online, but the transfers have been effected without following the guidelines provided in the said government order itself. Number of persons have been allowed in the institution who were juniors to the petitioners whereas petitioners' claims were ignored. The petitioners have pointed out at least 34 such transfers which are stated to be contrary to the guidelines.
I have considered the submissions of Shri Ashok Khare, learned Senior Advocate assisted by Shri Shantanu Khare, appearing for the petitioners; Shri Yatindra, learned counsel appearing for respondent no. 4; Shri J.K. Tiwari, learned counsel appearing for the respondent no. 6 and the learned Standing Counsel appearing for the State respondents.
In my view, it would be appropriate to direct the Director of Education (Basic)-respondent no. 2 to look into the complaints of the petitioners and pass appropriate orders.
Accordingly, the writ petition is disposed of with the direction that the petitioners may make a representation to the Director of Education (Basic)-respondent no. 2, who will consider the same in accordance with law and pass appropriate orders, as far as possible, within a period of three months from the date such representation along with a certified copy of this order is presented before it.
Order Date :- 19.4.2017
Sunil Kr. Gupta
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