HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- WRIT - A No. - 2551 of 2023 Petitioner :- Smt. Poonam Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Basic Education Lko. And 4 Others Counsel for Petitioner :- Mrs.Suniti Sachan,Gangeshwar Pandey,Shishir Chandra Counsel for Respondent :- C.S.C.,Ajay Kumar,Rajiv Singh Chuahan,Ran Vijay Singh Hon'ble Alok Mathur,J.
The petitioner is an Assistant Teacher. She is presently posted at Prathmik Vidyalaya, Kanhara, Vikas Khand - Chopan District Sonbhadra. Her husband is suffering from tongue cancer and is being treated at New Delhi and requires frequent hospitalization. She has made a representation for her transfer from Sonbhadra to District Unnao i.e. to the place of residence of her husband and in-laws, which is also close to New Delhi as compared to District Sonbhadra.
Learned counsel for the petitioner submits that Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 deals with the posting and transfer of the teachers working in Junior Basic Schools and Senior Basic Schools run by the Board.
The Rule 8(2)(d) of the Rules, 2008 provides that in normal circumstances the applications for inter-district transfers can be entertained of only those teachers who have completed five years of their posting, however, the exception is provided that an application of a female teacher for her transfer at the place of her husband or in-laws would be entertained.
It is contended by learned counsel for the petitioner that in case the petitioner is directed to submit on-line application in terms of Government Order dated 13.6.2017, in that event the petitioner would not be eligible for transfer as she has not completed five years of requisite service.
Learned counsel for the petitioner has placed reliance on a judgment of Full Bench of this Court in the case of R.B. Dixit v. Union of India and others, (2005) 1 UPLBEC 83.
Sri Ghaus Beg, learned Advocate, who has put in appearance on behalf of the District Basic Education Officer submits that the State Government has issued guidelines on 13.6.2017 in respect of inter-district transfer of the assistant teachers of Junior Basic Schools and Senior Basic Schools for the session 2017-18. He further submits that on-line applications would be accepted from 7th to 20th August, 2017 and the procedure has been laid down under the said guidelines.
I have heard learned counsel for the parties. With their consent the writ petition is being disposed of finally at this stage in terms of the Rules of the Court.
The Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 have been framed under Section 19(1) of the U.P. Basic Education Act, 1972. The Rule 8(2)(d) provides 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."From a reading of the aforesaid Rule it is evident that under the special circumstances an application of a female teacher can be entertained for her transfer at the place of residence of her husband or in-law's district. In such cases the requirement of five years of posting has been relaxed.
It is trite that in most of the services of the Central Government and the State Governments, there is provision in their transfer policy that an endeavour should be made that husband and wife may be posted at the same place. In view of the said principle, under the Rules 2008 the provision of the couple posting has been incorporated.
The intention of rule making authority is very clear and it needs no elaboration. Relevant it would be to mention that in transfer policy of State Government for Government employees there is provision only for husband and wife but in Rule 8(2) (d) of the Rules, 2008 the in-laws of the female teachers have also been included.
Hence, in my view, in spite of the Government Order dated 13.6.2017 a female teacher's application for her transfer on the ground of couple posting or in-laws can be entertained notwithstanding some of the contrary provisions of the said Government order.
For the above-mentioned reasons, there is no legal bar in considering the representation of the petitioner in terms of Rule 8(2)(d) of the Rules, 2008.
Accordingly, a direction is issued upon the third respondent i.e. Secretary, Basic Education Board, U.P., Allahabad to consider the representation of the petitioner in the light of the observations made herein-above and pass appropriate order expeditiously, preferably within six weeks from the date of communication of this order.
The writ petition is, accordingly, disposed of.
No order as to costs.
(Alok Mathur, J.) Order Date :- 31.3.2023 Ravi/
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