Babita And 143 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 13329 ALL

Citation : 2022 Latest Caselaw 13329 ALL
Judgement Date : 16 September, 2022

Allahabad High Court

Babita And 143 Others vs State Of U.P. And 2 Others on 16 September, 2022

Bench: Manoj Misra, Vikas Budhwar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- WRIT - A No. - 13474 of 2022
 
Petitioner :- Babita And 143 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Lalit Kumar Pandey,Sr. Advocate
 
Counsel for Respondent :- C.S.C.,Archana Singh
 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

The petitioners herein have questioned clause nos. 13 and 14 of the Government Order dated 2.12.2019 as being ultra vires Article 14 and 16 of the Constitution of India as well as contrary to the Government Order dated 29.3.2018.

Ms. Archana Singh, learned Standing Counsel has made a statement at Bar that the Government dated 2.12.2019 was questioned in Writ-A No.9177 of 2021 and the challenge was negated by the judgment and order dated 5.8.2021. She further stated that the Government Order dated 2.12.2019 lays down the transfer policy for teachers working in institutions managed by Uttar Pradesh Basic Shiksha Parishad and it relates to the academic session 2019-20 and is no longer in vogue.

To fortify the said contention Ms. Archana Singh provided a copy of the letter dated 1.7.2022 issued by Chief Secretary Uttar Pradesh addressed to Director General School Education U.P. LucknowBasic Shiksha Anubhag-5.

Sri R.K. Ojha, learned Senior Counsel assisted by Sri Lalit Kumar Pandey, who appears for the petitioners, could not dispute the aforesaid position.

Accordingly, the writ petition in so far as it challenges the provisions of Clauses 13 and 14 of the Government Order dated 2.12.2019 is rendered infructuous. In so far as the other reliefs are sought by the petitioners they can be addressed by a Single Judge Bench therefore, we do not propose to express any opinion in respect thereof.

The petition is therefore disposed off with liberty to the petitioners to file a fresh petition before the Single Judge Bench seeking such relief, after then relief 'A' questioning the vires of Government Order dated 02.12.2019 (supra), as may be advised.

Order Date :- 16.9.2022

piyush