Allahabad High Court
Sarvesh Kumar Pathak And 8 Others vs State Of U.P. And 2 Others on 7 February, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 1429 of 2023
Petitioner :- Sarvesh Kumar Pathak And 8 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Saurabh Kumar Pandey,Ankur Verma
Counsel for Respondent :- C.S.C.,Archana Singh
Hon'ble Vikas Budhwar,J.
Heard Sri. Saurabh Kumar Pandey, learned Counsel for the petitioners, learned Standing Counsel who appears for the respondent nos. 1 and 2 and Ms. Dolly Dwivedi, A.O.R. No. A/D0447/2021, holding brief of Ms. Archana Singh who appears for the respondent no. 3, Board of Basic Education - U.P., Allahabad.
On the matter being taken up, Ms. Dolly Dwivedi, holding brief of Ms. Archana Singh has made a statement that she has filled instructions in the present matter and she is in a position to advance arguments.
Case of the writ petitioners is that they are working as Assistant Teachers in different primary schools of the third respondent, Board of Basic Education - U.P., Allahabad. Details of their appointment has been given in paragraph no. 8 of the writ petition which appears to be of the year 2015. In paragraph no. 10 of the writ petition a factual statement has been made that the petitioners seek to be transferred to different places as mentioned therein. Learned Counsel for the petitioner has placed reliance upon the order dated 13.08.2018 in Writ-A No. 14395 of 2018 so as to contend that this Court while answering question no. (c) had opined that the petitioners working as Assistant Teachers in aspirational districts have no right for inter-district transfer. It has been further argued that the judgment and order dated 13.08.2018 as was subject matter and challenge in Special Appeal No. 870 of 2018 (Smt. Shikha Singh and others v. State of U.P. and others) which was also dismissed. Learned Counsel for the petitioners has invited the attention of the Court towards the transfer policy dated 02.12.2019 for the year 2019-2020 and according to the same, the writ petitioners' claim ought to have been considered for transfer. Learned Counsel for the petitioner further argues that the academic session is to commence with effect from 01.04.2023 and their cases may be considered in accordance with the transfer policy which is occupying the field.
Ms. Dolly Dwivedi, holding brief of Ms. Archana Singh on the basis of the instructions has argued that the case of the petitioner can very well be considered by the third respondent in case the petitioner approaches the third respondent while filing a comprehensive representation. Ms. Dolly Dwivedi has also apprised the Court that the similar issue fell for consideration by a Co-ordinate Bench of this Court in Writ-A No. 19094 of 2022 (Anubhaw Singh and 263 others v. State of U.P. and others) decided on 11.01.2023 wherein the petitioners in the said writ petition were granted libety to file representation and in case the representation was being preferred, then the same was to be decided by a reasoned and speaking order. For the sake of clarity the order dated 11.01.2023 passed in Writ-A No. 19094 of 2022 is being quoted herein-under:
"Heard Sri Prabhakar Awasthi, learned counsel for the petitioners, Sri Prashant Kumar Mishra, learned Standing Counsel for respondent No.1 and Mrs. Archana Singh, learned counsel for the respondent No.2 & 3.
The present writ petition is filed with the following prayer:-
"Issue a writ, order or direction in the nature of Mandamus commanding the respondent No.2 & 3 to forthwith transfer the petitioners from District Bahraich, Balrampur, Shrawasti and District Chitrakoot to their choice of districts after determination of fact as to whether the said districts at all are still to be an aspirational districts and in this regard, suitable orders be passed within the time to be stipulated by this Hon'ble Court."
Learned counsel for the petitioners submits that the petitioners are working as Assistant Teachers in different schools and their request of transfer is not being considered by the respondents.
Learned counsel for the petitioners also relied on the decision of this Court passed on 3.11.2020 in Writ A No.878 of 2020 (Divya Goswami Vs. State of U.P. and Ors.) and submits that academic session is going to start from 1.4.2023 and prior to that case of the petitioner for transfer may be considered. He further submits that petitioners are working in so called aspirational district, as there is no statutory bar for considering the request of petitioners for transfer and also requested that respondent, Secretary, Basic Education Board may be directed to consider the grievance of the petitioners before academic year 2023.
Mrs. Archana Singh, learned counsel for the respondent No.2 & 3 submits that she has no objection, in case, any direction be given to the respondents for taking decision on the representation of the petitioners.
Considering the submissions of learned counsel for the parties and going through the contents of the petition, the writ petition is disposed of with the liberty to the petitioners to move separate fresh representations within one month from today. In case, representations are moved, then the same shall be considered and decided by the respondent Nos.2 and 3, ignoring the rider related to the aspirational districts, by a reasoned and speaking order within a period of six weeks from the date of production of certified copy of this order and communicate the decision to the petitioners.
Order Date :- 11.1.2023/Gaurav"
Considering the submissions of the rival parties and the stand taken by the Counsel appearing for the Board of Basic Education, the present writ petition is being disposed of with the grant of liberty to the writ petitioners to prefer an appropriate representation within a period of three weeks from today before the third respondent Board of Basic Education - U.P., Allahabad. In case the said representation is preferred accompanied with the copy of the order dated 11.01.2023 passed in Writ-A No. 19094 of 2022 (Anubhaw Singh and 263 others v. State of U.P. and others) then the same shall be decided within a further period of one month from the date of production of the certified copy of the order.
Passing of the order today may not be construed to be an expression that this Court has gone into the merits of the matter as it is open to the third respondent to decide the same in accordance with law.
Order Date :- 7.2.2023
Prashant
