Allahabad High Court
Sheela Devi vs State Of U.P. Thru. Addl. Chief ... on 28 April, 2022
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 2422 of 2022
Petitioner :- Sheela Devi
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Dept. Of Basic Edu. Lko. And Others
Counsel for Petitioner :- Pradeep Kumar Shukla,Rajesh Kumar Singh
Counsel for Respondent :- C.S.C.,Neeraj Chaurasiya,Ran Vijay Singh
Hon'ble Rajan Roy,J.
Heard.
The petitioner herein was transferred on 13.8.2019 from Junior High School, Baramadpur Jariyari, Block Katihari, District Ambedkar Nagar, to Junior High School, Atampur Bajdaha, Block Katihari, District Ambedkar Nagar. The transfer order passed in pursuance to a government order dated 17.6.2019, the execution of which was subsequently stayed by the State Government itself vide subsequent government order dated 9.9.2019, but the petitioner had already joined at the transferred place on 5.9.2019, i.e., prior to it. Others allegedly similarly situated to the petitioner filed writ petitions before this court, one of which was Writ Petition No. 19750 (SS) of 2019, Shahanaz Parvavin & ors. v. State of U.P. & ors., wherein an interim order was passed on 19.7.2019 to the effect- "Till the next date of listing, it is expected that no coercive action shall be taken against the petitioner. The interim protection granted today shall be extended only after hearing of the counsel for the petitioners." The interim order was continued from time to time, however, after passing of the aforesaid interim order dated 19.7.2019 the petitioner also filed a writ petition alongwith others bearing Writ Petition No. 36584 (SS) of 2019, Sheela Devi v. State of U.P. & ors., wherein an interim order was passed on 2.1.2020 in the following terms-
"Heard Sri P.K. Shukla, holding brief of Sri Indrajeet Shukla, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 and 3 and notices on behalf of opposite party no.4 have been accepted by Sri Neeraj Chaurasiya.
Learned counsel for petitioner submits that similar controversy is already engaging attention of this Court in Writ Petition No.19750 (SS) of 2019 regarding adjustment of surplus teachers.
In view of aforesaid, connect and list this petition along with Writ Petition No.19750 (SS) of 2019. In the meantime, opposite parties may file their counter affidavit. Interim protection given in the Writ Petition No.19750 (SS) of 2019 is extended to the present petitioner as well in the same terms."
Interim protection given in writ petition No. 19750 (SS) of 2019 was extended to the petitioner also on the same terms, however, prior to passing of the said order on 2.1.2020 the petitioner had already joined at the transferred placed on 5.9.2019, therefore, the protection in fact was practically of no use. Ultimately all the writ petitions including the one filed by the petitioner herein were disposed of on 10.3.2021. The operative portion of the said judgment dated 10.3.2021 is quoted hereinbelow-
"Be that as it may, since the Government Order dated 17.6.2019 has not been executed by now as this Court has granted interim protection on 19.7.2019 and the exercise thereof has been withheld vide Government Order dated 9.9.2019, I am of the considered opinion that no grievance of the petitioners now survives. Since the petitioners have been protected by this Court by interim protection, therefore, the adjustment of the petitioners, if any, shall be governed by any appropriate order being passed by the competent authority. It is needless to say that while passing appropriate orders, relevant provisions of law and dictums of the Hon'ble Courts relating to the issue in question shall be abide by. It is also expected that if such appropriate order is passed by the competent authority strictly considering the teacher-pupil ratio and bonafide need for passing such order in the interest of the students in conformity with the provisions of Article 21-A of the Constitution of India and other relevant provisions of law, the petitioners shall also abide by such order, if they are not aggrieved on account of any legal error.
In view of the aforesaid, all the writ petitions are disposed of."
In view of these observations and directions those petitioners who actually got protection of the interim order would be benefited, but the petitioner already having joined at the transferred place would not get anything in practical terms, therefore, in view of the order passed in the earlier petition this petition filed separately is not maintainable. The petitioner should seek review of the judgment dated 10.3.2021, if so advised, considering the fact that she had already joined on 5.9.2019 at the transferred place, and there is nothing that the court can do in this petition after the judgment rendered in the earlier petition.
This writ petition is disposed off with the aforesaid observations.
Order Date :- 28.4.2022
A.Nigam
