Allahabad High Court
Reema Yadav vs State Of U.P. And 2 Others on 23 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 4760 of 2021
Petitioner :- Reema Yadav
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Irfan Ahmad Malik
Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's husband is posted at Agra, while petitioner is at Siddharth Nagar. An application for transfer has been moved by the petitioner but as no orders have been passed the petitioner is before this Court.
Learned counsel for the petitioner submits that Rule 8(2)(d) of Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 provides that a teacher can be transferred at a place of residence of her husband or in-laws. This issue has been considered by this Court in a large number of cases. He has drawn attention of the Court to an order dated 19.7.2017 of this Court passed in Writ-A No. 30808 of 2017, Bibha Singh Kushawaha Vs. U.P. Basic Education Board and others, wherein the same issue fell for consideration before the Court.
I have heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Sri Ashok Kumar Singh, learned counsel appearing for other respondents. With their consent the writ petition is being disposed of finally at this stage in terms of the Rules of the Court.
Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008 which deals with posting of teachers, provides thus:
"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."
In Bibha Singh Kushwaha (supra), this Court after considering abovementioned Rule 8(2)(d), has held that a Government Order would not override the statutory provision, hence in spite of the Government Order dated 3.5.2017, application of a female teacher for her transfer on the ground of couple posting can be entertained notwithstanding some of the contrary conditions in the said Government order and there is no legal bar in considering the representation of the petitioner in terms of Rule 8(2)(d) of the Rules, 2008.
Having due regard to the facts of the case, the matter is squarely covered by the judgment of this Court in Bibha Singh Kushwaha (supra). Accordingly, a direction is issued upon the second respondent to consider the cause of the petitioner and pass appropriate order in the light of judgment in Bibha Singh Kushwaha (supra) expeditiously, preferably within two months from the date of communication of this order.
With the above directions, the writ petition stands disposed of. No order as to costs.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 23.7.2021
Anil
