बेसिक शिक्षा विभाग में शिक्षकों का दोबारा ट्रांसफर संभव , इलाहबाद हाई कोर्ट का आदेश / 2nd Time Transfer Possible for UP Teacher
शिक्षिका
ने पहला ट्रांसफर कुशीनगर से फिरोजाबाद में 2013 में लिया था , उसके बाद
शिक्षिका की शादी गौतमबुद्ध नगर स्थित शिक्षक से वर्ष 2014 में हो गयी ,
उनके दूसरी बार स्थानांतरण की प्रार्थना को विभाग ने ख़ारिज कर दिया था ,
जिस पर कोर्ट ने उसको सही नहीं माना और शिक्षिका को दोबारा ट्रांसफर के लिए
विभाग को इस पर विचार करने के लिए कहा
Court No. - 58
Case :- WRIT - A No. - 10048 of 2018
Petitioner :- Smt. Richa Shukla And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Navin Kumar Sharma
Counsel for Respondent :- C.S.C.,Chandrakesh Rai
Hon'ble Ashwani Kumar Mishra,J.
Learned
counsel for the parties do not dispute that the controversy raised in
the present petition has already been answered by this Court in Writ
Petition No. 8075 of 2018. The order of this Court dated 2.4.2018 reads
as under:-
"Petitioner was initially appointed as an Assistant
Teacher in Primary School and was posted at Kushi Nagar. After such
initial appointment in the year 2009, petitioner sought her transfer and the same was allowed in the year 2013, whereby the petitioner was transferred to Firozabad. Petitioner contends that she got married in the year 2014 and that her husband, who is also an Assistant Teacher is posted at District- Gautam Budh Nagar. Petitioner accordingly has made her claim for transfer to Gautam Budh Nagar.
Such claim of the petitioner, apparently, has been rejected on the
ground that petitioner since has already been transferred in the past,
and as such a prayer for transfer made on second occasion, cannot be
considered. Clause-3 of the Government Order dated 13.06.2017 is relied
upon for the purpose.
Learned counsel for the petitioner submits that
the service condition of petitioner are governed by the U.P. Basic
Education (Teachers) (Posting Rule-2008). Clause 8(2)(d) of the Rule is
relied upon which reads as under:-
"(d) 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."
It is stated that
the object and the provision clearly intends to protect the interest of a
lady so that she is allowed be posted at a place where her husband is
working. In the Rule, there is no provision which restricts such
transfer in case the petitioner has availed of the transfer prior in
point of time. The condition contained in the Government Order that such
transfer would be considered only if it has not been availed in the
past would ordinarily be followed but once the very object contained in
the rule is shown to be frustrated, the Government Order would have to
bend so as to secure the objective contained in the Rule itself. The
decision of the respondents, therefore, not to consider petitioner's
application for transfer cannot be sustained for the reasons recorded
therein.
Rejection of petitioner's application therefore is set aside.
A
direction is issued to the respondent No.2 to consider the petitioner's
claim for transfer in terms of Rule-8(2)(d) of the Rules.
Such
consideration shall be made by the authority concerned within a period
of two months from the date of presentation of certified copy of this
order".
Since the rejection of petitioner's� application for
transfer is on identical ground, the order impugned dated 4.4.2018
cannot be sustained and is accordingly quashed.�
Writ petition stands disposed of in terms of the orders passed in Writ Petition No. 8075 of 2018.
Order Date :- 17.4.2018
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