Priyanka Shukla vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 9054 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 2460 of 2023
 

 
Petitioner :- Priyanka Shukla
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Basic Education Lko. And 3 Others
 
Counsel for Petitioner :- Sarjoo Ram
 
Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shobhit Mohan Shukla
 

 
Hon'ble Alok Mathur,J.

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

The present writ petition has been filed stating that the petitioner has been appointed Assistant Teacher and posted at Sitapur whereas the husband of the petitioner is posted as Assistant Teacher at Mddupur Vikas Khand - Kalakankar, District Pratapgarh.

It is argued that on account of personal problems, the petitioner is seeking her transfer to Prayagraj or Pratapgarh. 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/