Allahabad High Court
Sunita Singh vs State Of U.P.Thru ... on 16 May, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 13997 of 2019
Petitioner :- Sunita Singh
Respondent :- State Of U.P.Thru Prin.Secy.Basic Education And Ors.
Counsel for Petitioner :- B.R. Singh
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri B.R. Singh, learned counsel for the petitioner.
Notices on behalf of opposite party Nos.1, 2 & 3 have been accepted by the office of the learned Chief Standing Counsel, while Sri Ajay Kumar, Advocate has accepted notice on behalf of opposite party No.4.
By means of this writ petition, the petitioner has assailed the order dated 09.05.2019 whereby the application of the petitioner for transferring her at nearby Lucknow i.e. either at Lucknow or at Barabanki, has been rejected on the ground that as per the quality point marks obtained by the petitioner her candidature may not be considered for transferring her either at Lucknow or at Barabanki.
Learned counsel for the petitioner has submitted that in the identical situation one of batch mate of the petitioner, namely, Mamta Tyagi, has been transferred from Kushinagar to Hapur, however, the petitioner is still serving at Kushinagar.
The submission of learned counsel for the petitioner is that the husband of the petitioner is posted as Inspector, AP/ Company Commander, in the State Disaster Relief Force, PAC Headquarter, Mahanagar, Lucknow and the petitioner is having two sons, who are studying at Lucknow and the distance from Lucknow to Kushinagar is about 350 KM, therefore, the petitioner has been suffering serious troubles in managing the family affairs.
Learned counsel for the petitioner has referred Rule 8 (d) of U.P. Basic Education (Teachers) (Posting) Rules, 2008 (here-in-after referred to as the "Rules, 2008"), which provides that in the special circumstances, the 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.
Learned counsel for the petitioner has further submitted that this Court vide judgment and order dated 19.07.2017 passed in Writ A No.30808 of 2017; Bibha Singh Kushawaha vs. U.P. Basic Education Board & others, which is annexed as Annexure No.11 to the writ petition, has held that if any Government Order is otherwise explaining the provisions of Rule 8 (d), that shall be non est and in that case the representation of the female candidate may be considered strictly as per Rule 8 (d) of the Rules, 2008.
However, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has submitted that the candidature of the petitioner has strictly been considered in terms of Rule 8 (d) of the Rules, 2008 and her quality point marks has been determined as per relevant Government Order whereby the policy has been framed in terms of Rule 8 (d) of the Rules, 2008.
Be that as it may, since the relevant provisions of law i.e. Rule 8 (d) of the Rules, 2008 provides that for peculiar circumstances the candidature of the female teachers may be considered and in the present case the petitioner is serving at Kushinagar, which is about 350 KM away from Lucknow, therefore, the instructions to that effect may be sought as to whether in a given circumstances the candidature of the petitioner may be considered for posting at any nearby district to the Lucknow other than Lucknow and Barabanki as requested by the petitioner.
List this petition on 27.05.2019 as fresh to enable the learned Additional Chief Standing Counsel to seek complete instructions in the matter.
Learned counsel for the petitioner is permitted to make mention on the next date for taking up this case out of turn.
Order Date :- 16.5.2019
Suresh/
[Rajesh Singh Chauhan,J.]
