UP : Teacher's Transfer According To Seniority / Strictly in accordance with Law
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Case :- WRIT - A No. - 48572 of 2012
Petitioner :- Smt. Rajni Goyal
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,K. Shahi
Connected with
1.Case :- WRIT - A No. - 56081 of 2012
Petitioner :- Shanu Khanna
Respondent :- State Of U.P.And Others
Petitioner Counsel :- Kshetresh Chandra Shukla
Respondent Counsel :- C.S.C.,Vijai Kr. Srivastava
2.Case :- WRIT - A No. - 56083 of 2012
Petitioner :- Neeraj Khatana
Respondent :- State Of U.P.And Others
Petitioner Counsel :- Kshetresh Chandra Shukla
Respondent Counsel :- C.S.C.,Vijai Kr. Srivastava
Hon'ble V.K. Shukla,J.
Common questions of fact and law are involved in all the above writ petitions, hence all of them have been taken up together for final hearing and disposal with the consent of the parties. Civil Misc. Writ Petition No.48572 of 2012 is being treated as leading writ petition.
In this bunch of writ petitions, the grievance of the petitioners is that they have been performing and discharging duties as Assistant Teachers in Senior Basic School and Junior Basic Schools run by the Board of Basic Education. In December, 2011, the State Government amended the provisions of U.P. Basic Education Teachers' Service Rules, 1981 by substituting Rule 21 thereof known as U.P. Basic Education (Teachers Services) (Thirteenth Amendment) Rules, 2011 and permitting options to be submitted by the assistant teachers for seeking one time inter district transfer in accordance with the said Rules and such options were to be submitted on or before 31st December, 20111, on line, and in the applications so submitted, the incumbents were required to specify three districts in order of preference for transfer.
Smt. Rajni Goyal, the petitioner of leading writ petition, submits that she had specified three districts, viz., Lucknow, Rai Bareli and Barabanki for her transfer. On the transfer list being published on 14.08.2012, she has been shown to have been transferred to district Rai Bareli and as far as petitioners of other writ petitions are concerned, their claim has not at all been considered Thereafter, it is reflected that another list had been published on 31.08.2012, wherein a number of teachers have been shown to have been transferred from one district to another, and perusal of the order dated 31.08.2012 issued by the Secretary, Basic Shiksha Parishad reflects that this transfer order has been passed on the intervention of the Chief Minister and the Minister for Basic Education. At this juncture, petitioners have rushed to this Court.
The order dated 31.08.2012 appears to have been issued by the Secretary, Basic Shiksha Parishad, U.P. Allahabad, wherein it has been mentioned that in U.P. Basic Education Teachers' Service Rules 1981 amendment has been introduced and the Rules for inter district transfer have been changed, and the list received from the offices of the Chief Minister and the Minister for Basic Education is being accepted and the same should not be treated as precedence.
