Citation : 2023 Latest Caselaw 35721 ALL
Judgement Date : 18 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:83339 Court No. - 7 Case :- WRIT - A No. - 9659 of 2023 Petitioner :- Alka Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Shiksha Lko And 4 Others Counsel for Petitioner :- Ashwani Kumar Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Rishabh Tripathi Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1, 2 & 3, Sri Ran Vijay Singh, learned counsel for the respondent no. 4 and Sri Rishabh Tripathi, learned counsel for the respondent no. 5.
Instant writ petition has been filed inter alia aggrieved by the order dated 22.11.2023 whereby the representation of the petitioner has been rejected. A further prayer is for a mandamus commanding the respondents to give ten marks on the ground of her husband being a Government servant (Teacher under the Basic Education Board) and to transfer the petitioner from Distrcit- Sitapur to District- Barabanki.
There is consensus at Bar the matter in issue is squarely covered by the judgment of this Court passed in Writ-A No. 6300 of 2023 Inre; Smt. Sulekha Singh Vs. State of U.P and Ors decided on 20.09.2023, a copy of which is annexure 7 to the writ petition.
Considering the aforesaid consensus, the writ petition is allowed. The order impugned dated 22.11.2023, a copy of which is annexure 1 to the writ petition is quashed.
The respondents are required to grant ten marks to the petitioner and thereafter consider the claim of the petitioner for her transfer from District- Sitapur to District- Barabanki.
Let such consideration be done within a period of four weeks from the date of receipt of a certified copy of this order.
Order Date :- 18.12.2023
Pachhere/-
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