Wednesday, October 25, 2017

पति पत्नी आधार पर ट्रांसफर या ससुराल के नजदीक महिलाओं के ट्रांसफर में कोर्ट के एक निर्णय में मिली जीत के आधार पर तमाम याचिकाएं दाखिल हुई , सभी फैसलों में पति पत्नी को एक ही स्थान पर पोस्टिंग देने के लिए निर्णय लेने के आदेश दिए , 5 वर्ष की न्यूनतम सेवा जरुरी नहीं , विशेष राहत कोर्ट द्वारा

Several other Victories : पति पत्नी आधार पर ट्रांसफर या ससुराल के नजदीक महिलाओं के ट्रांसफर में कोर्ट के  एक निर्णय में मिली जीत के आधार पर तमाम याचिकाएं दाखिल हुई , सभी फैसलों में पति पत्नी को एक ही स्थान पर पोस्टिंग देने के लिए निर्णय लेने के आदेश दिए , 5 वर्ष की न्यूनतम सेवा जरुरी नहीं , विशेष राहत कोर्ट द्वारा 


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 17 

Case :- WRIT - A No. - 41133 of 2017 

Petitioner :- Alka Gupta 
Respondent :- State Of U.P. And 2 Others 
Counsel for Petitioner :- Om Prakash Misra,Manoj Kumar Dubey 
Counsel for Respondent :- C.S.C.,Mangla Prasad Rai 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner is an assistant teacher in Primay School Inam, Block Ghorawal, district Sonbhadra run by the Basic Education Board. She has moved this petition seeking a direction upon the respondents to consider her application for transfer from Sonbhadra to Allahabad on the ground that her husband is working and residing at Allahabad. In addition to above, she is a differently abled person and� has other hardships also.� 
Sri Mangla Prasad Rai appearing for the respondents submits that State Government has taken a policy decision� wherein one of the conditions is that application for inter district transfer shall be considered of only those teachers, who have completed three years' service. He further submits that last date for submission of the application is� over. 
I have heard learned counsel for the petitioner, learned standing counsel and Sri Mangla Prasad Rai appearing for respondent no. 2 and 3. 
Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008 which deals with posting of teachers, provides thus : 
"In normal circumstances the applications for inter- district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district."� 
In� Bibha Singh Kushawaha Vs. U.P. Basic Education Board and others, Writ-A No. 30808 of 2017, decided on 19.7.2017, wherein the same issue fell for consideration, this Court after considering abovementioned Rule 8(2)(d), has held that a Govt. Order would not override the statutory provision, hence in spite of the Government Order dated 3.5.2017, application of a female teacher for her transfer on the ground of residence of her husband /couple posting can be entertained notwithstanding some of the contrary conditions in the said Government order and there is no legal bar in considering the representation of the petitioner in terms of Rule 8(d) of the Rules, 2008. 
The matter being squarely covered by the judgment of the Court in Bibha Singh's case (supra), this petition is being disposed of finally by issuing a direction upon the second respondent� to consider cause of the petitioner and pass appropriate order in accordance with law on her representation dated 22.6.2017 expeditiously within two months from the date of communication of the order. 
With the above direction, the writ petition stands finally disposed of. No order as to costs. 
Order Date :- 6.9.2017 
SNT/ 
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HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 17 

Case :- WRIT - A No. - 41340 of 2017 
Petitioner :- Monika Chaudhary 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Dharmendra Kumar Yadav,Mohan Lal Pandey 
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner is an Assistant Teacher in a Junior High School. Her grievance is that she is presently posted in Parishdiya Junior High School, Araie, Block Kerchhna, District Allahabad. The authority concerned have issued a certificate showing that her husband namely Ansul Kumar is a permanent employee in the Department of Atomic Energy, Government of India as Scientific Officer at Global Center for Nuclear Energy Partnership Office, Kheri Jasaur, Badhurgarh, District Jasaur Badhurgarh, District Jhajjar Hariyana. The petitioner has made a representation for her transfer from Allahabad to any of the nearest district as Ghaziabad, Gautambudh Nagar, Meerut and Baghpat on the ground of her personal hardship. 
Learned counsel for the petitioner submits that the view of respondents is contrary to Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008. He further submits that the Government order cannot override statutory provision. Hence, the application for couple posting cannot be rejected only on the ground of condition mentioned in the Government Order. He further submits that in Rule 8(2)(d) even in-laws have been included along with the husband. Lastly, learned counsel has drawn attention of the Court to an order dated 19.07.2017 of this Court passed in Writ -A No. 30808 of 2017, Bibha Singh Kushwaha vs. U.P. Basic Education Board and Others, wherein the same issue fell for consideration before the Court. 
I have heard the learned counsel for the petitioner, learned Standing Counsel and perused the record. 
Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008 which deals with posting of Teachers, provides thus :- 
"In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district." 
In Bibha Singh Kushwaha's case (supra), this Court after considering above mentioned Rule 8(2)(d), has held that a Government Order would not override the statutory provision, hence in spite of the Government Order dated 03.05.2017, application of a female teacher for her transfer on the ground of couple posting can be entertained notwithstanding some of the contrary conditions in the said Government Order and there is no legal bar in considering the representation of the petitioner in terms of Rule 8(d) of the Rules, 2008. 
Having due regard to the facts of the case, the matter is squarely covered by the judgment of this Court in Bibha Singh Kushwaha's case (supra). Accordingly, a direction is issued upon the respondent authorities to consider the cause of the petitioner and pass appropriate order in the light of judgment of Bibha Singh Kushwaha's case (supra) expeditiously preferably within a period of two months from the date of production of certified copy of this order. The petitioner is permitted to file a fresh representation along with certified copy of this order. 
With the aforesaid observation, the writ petition is disposed of. 
No order as to costs. 
Order Date :- 7.9.2017 

sailesh 
******************

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 17 

Case :- WRIT - A No. - 35370 of 2017 

Petitioner :- Gunjan Chaturvedi 
Respondent :- State Of U.P. And 3 Others 
Counsel for Petitioner :- Santosh Kumar Shukla 
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh 

Hon'ble Pradeep Kumar Singh Baghel,J. 
The petitioner is an assistant teacher in a junior basic school run by U.P. Basic Education Board. Her grievance� is that she is presently posted in Primary School Dighanwa Khurd, district Kushinagar. She is permanent resident of district Farrukhabad. Her husband is also an assistant teacher in Christian Inter College, Farrukhabad. The petitioner has made a representation for her transfer from Kushinagar to Farrukhabad on the ground of her personal hardships. 
Earlier, the petitioner preferred Writ Petition No. 7967 of 2017 for the same relief. The said writ petition was disposed of by issuing a direction upon the Secretary of the Board to consider her grievance. In compliance thereof, the respondent no. 3 has considered and rejected her representation on the ground that State Govt.� has issued a Govt. Order dated 23.6.2016 wherein it is provided that On Line applications/request of transfer of teachers shall be entertained subject to the condition that they have completed three years' service on or before 31.3.2016, and since the petitioner does not fulfil said condition, hence her representation is rejected. 
Learned counsel for the petitioner submits that said view of respondent no. 3 is contrary to Rule 8(2)(d) of U.P. Basic Education (Teachers)(Posting) Rules, 2008. He further submits that a Govt. Order cannot override statutory provision. Hence the application for couple posting cannot be rejected only on the ground of condition mentioned in the Govt. Order. He further submits that in Rule 8(2)(d) even in-laws have been included alongwith the husband. Lastly, learned counsel has drawn attention of the Court to an order dated 19.7.2017 of this Court passed in Writ-A No. 30808 of 2017, Bibha Singh Kushawaha Vs. U.P. Basic Education Board and others, wherein the same issue fell for consideration before the Court. 
I have heard learned counsel for the petitioner, learned standing counsel and perused the record. 
Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008 which deals with posting of teachers, provides thus : 
"In normal circumstances the applications for inter- district transfers in respect of male and felmale teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district." 
In Bibha Singh Kushwaha's case (supra), this Court after considering� abovementioned Rule 8(2)(d), has held that a Govt. Order would not override the statutory provision, hence in spite of the Government Order dated 3.5.2017, application of a female teacher for her transfer on the ground of couple posting can be entertained notwithstanding some of the contrary conditions in the said Government order and there is no legal bar in considering the representation of the petitioner in terms of Rule 8(d) of the Rules, 2008.� 
Having due regard to the facts of the case, the matter is� squarely covered by the judgment of the Court in Bibha Singh's case (supra) and the reasons assigned in the impugned order are unsustainable. 
Accordingly, the impugned order dated 6.7.2017 is set aside. The matter is remitted to respondent no. 3 to pass a fresh order in the light of judgment in Bibha Singh's case (supra) expeditiously within six weeks from the date of communication of the order. 
With the above direction, the writ petition stands finally disposed of. No order as to costs. 
Order Date :- 9.8.2017 
SNT/ 
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 7 

Case :- SERVICE SINGLE No. - 22366 of 2017 

Petitioner :- Swadesh Kumar Yadav 
Respondent :- State Of U.P. Thru Prin.Secy.Revenue Deptt.-8 Lko. & Ors. 
Counsel for Petitioner :- Manoj Kumar Srivastava,Girijesh Kumar Dwivedi 
Counsel for Respondent :- C.S.C. 

Hon'ble Ashwani Kumar Mishra,J. 
The order of transfer of the petitioner dated 29.6.2017 is challenged in this petition on the ground that petitioner's wife, who is also a Government Servant, is posted at Agra and in case the petitioner is transferred to Rae Bareli, the transfer policy would be breached. 
From the facts brought on record, it is admitted that petitioner is continuing at Agra for the last more than 10 years. The petitioner otherwise holds a transferable post. 
The Government Policy which provides that as far as possible, the husband and wife, who are Government Servant, be posted at one place cannot be construed in such a manner that petitioner for all times be entitled to continue at Agra. This is particularly so as the petitioner's wife is a teacher and ordinarily such teachers are not being subjected to routine transfers. 
No interference with the order of transfer consequently is called for and challenge laid to the impugned order fails. 
However, in the facts and circumstances, it is provided that in case the petitioner joins pursuant to the order of transfer dated 29.6.2017, it would be open to him to represent his grievance before the authority concerned, who shall take a decision in the matter keeping in view the provisions of the Government Policy so as to ensure that as far as possible the husband and wife are posted either at one place or in the adjoining districts. The consideration of representation would be made within a period of six weeks from the date of production of certified copy of this order, after joining at the transferred place. 
Subject to the observations made above, this writ petition stands disposed of. 
Order Date :- 19.9.2017 
Irfan 



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