Mrs. Shalini Singh vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 9053 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2471 of 2023
 

 
Petitioner :- Mrs. Shalini Singh
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Edu. Lko. And 5 Others
 
Counsel for Petitioner :- Jay Prakash Singh
 
Counsel for Respondent :- C.S.C.,Ajay Kumar,Ran Vijay Singh
 

 
Hon'ble Alok Mathur,J.

Heard the counsel for the petitioner and Sri Ran Vijay Singh, the counsel for the respondents.

The present writ petition has been filed stating that the petitioner has been appointed on the post of Assistant Teacher and posted in Prathamik Vidyalaya Mathiya Tiwari, Block - Rudrapur, District Deoria whereas the husband of the petitioner is working on class-IV post in District Ayodhya in Composite Vidyalaya Dharmu Ka Purwa, Shiksha Kshetra Ayodhya, District - Ayodhya.

It is argued that on account of personal problems, the petitioner is seeking her transfer to Ayodhya. Earlier the application of the petitioner was rejected, however, the petitioner relies upon the Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules 2008 to argue that the issue should be considered afresh even if there is no policy. He places reliance on the judgment of this Court in Writ A No.5660 of 2022 (Kavya Pandey vs State of U.P. and others) decided on 05.09.2022.

Considering the mandate of Rule 8(2)(d) of the Rules 2008, the present petition is disposed off permitting the petitioner to move a fresh application before the respondent no.4 who shall consider the case of the petitioner and shall pass orders in terms of the mandate of the Rules 2008.

It is made clear that the application of the petitioner will not be rejected on the ground that there is no policy framed in this regard. The fresh orders as directed above shall be passed within a period of six weeks.

(Alok Mathur, J.)

Order Date :- 27.3.2023/Ravi/