Smt. Rajni Goyal vs State Of U.P. And Others
2012 Latest Caselaw 4660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
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
 

 
Hon'ble V.K. Shukla,J.

Put up this case on next Tuesday (09.10.2012) at 2.00 P.M.

In the present case issue being sought to be raised is that various incumbents had applied for effectuating inter district transfer in consonance with the provisions of 13th Amendment made in Rules, 1981. The grievance of the petitioner is that she had given three options and one of them was Lucknow. Before this Court a letter from the Secretary, Basic Shiksha Parishad dated 31.08.2012 has been produced, wherein he has proceeded to mention that the amended Rules have been enforced and he has received a list of teachers from the office of the Chief Minister and the Minister for Basic Education, and the said list has been examined and the aforesaid incumbents have been transferred accordingly, in the column mentioned and the same be not treated as precedent.

Once statutory Rules have been framed and enforced with effect from 31.08.2012, then there was no occasion, in the opinion of the Court on prima facie basis, to entertain any list sent from the Chief Minister's office or from the Minister for Basic Education after enforcement of  Rules. In view of this let affidavits be filed before this Court  by the respective Secretary from the office of the Chief Minister and the Minister for the Basic Education  separately explaining as to under what circumstances the list in question had been transmitted to the Secretary, Basic Shiksha Parishad, U.P. Allahabad after enforcement of the statutory Rules.

Coupled with this, the Secretary, Basic Shiksha Parishad shall publish a notice in the newspaper informing and intimating the incumbents, who are the beneficiaries out of the  said list  and have been transferred on the mere recommendation of Chief Minister/Minister for Basic Education, whereas in the State of U.P. exerting political influence is construed as misconduct under Conduct Rules, so that they may have also their say in the matter at 2.00 P.M. on the next Tuesday.

Let a copy of this order be made available to Sri C.B.Yadav, Additional Advocate General, U.P. for further follow-up action.

Order Date :- 1.10.2012

SRY