Allahabad High Court
Ashwani Kumar Katiyar vs State Of Up And 3 Others on 2 August, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:125091
Court No. - 7
Case :- WRIT - A No. - 11506 of 2024
Petitioner :- Ashwani Kumar Katiyar
Respondent :- State Of Up And 3 Others
Counsel for Petitioner :- Navin Kumar Sharma
Counsel for Respondent :- Archana Singh,C.S.C.
Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing counsel for the State-respondents and Smt. Archana Singh, learned counsel for respondent nos.2 & 4.
2. The petitioner has preferred the present petition inter alia with the following prayer:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondents to consider the candidature of the petitioner for his intra-district transfer from Rural/backward area to Urban area in District Kanpur Dehat on severe medical ground of his father."
3. It is argued by learned counsel for the petitioner that the petitioner was initially appointed as Assistant Teacher in the year 2015 in rural area and in the year 2021 the petitioner was transferred from District Maharajganj to District Kanpur Dehat. It is further argued that the father of the petitioner namely, Satish Chandra Katiyar while working in Defence, superannuated in the year 2001 and he is aged about 83 years at present. It is further argued that father of the petitioner is suffering from prostate cancer and for the treatment of the same, he has to go to Kanpur Nagar and SGPGI, Lucknow. It is further argued that the petitioner is the only son of his parents and the institution in which the petitioner is working is situated in Kanpur Dehat, which is 100 k.m. far away from his residence. Though, a representation for transfer has already been made by the petitioner before respondent no.2- U.P. Basic Education Board, Prayagraj, on 21.05.2024 but till date no decision has been taken by the authority concerned. Copy of the same is annexed as Annexure No. (7) to the present petition.
4. In this view of the matter, Smt. Archana Singh, learned counsel for respondent nos.2 & 4 has placed reliance upon a judgment and order dated 05.07.2021 passed in Writ-A No6136 of 2021 (Rina Upadhyay and 13 others vs. State of U.P. and 3 others) which was dismissed by the coordinate Bench of this Court. Apart from above, she also placed reliance upon Rule 21 of U.P. Basic Education (Teachers) Service Rules, 1981.
5. Rule 21 of U.P. Basic Education (Teachers) Service Rules, 1981 is quoted as under:-
"21. Procedure for transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board shall be necessary.''
6. In this view of the matter, it is argued that until and unless without approval of the Board, no transfer could be made to rural area to urban area and vise-versa.
7. In response to the above, it is argued by learned counsel for the petitioner that the application has already been submitted by the petitioner before the Board for necessary approval, hence a prayer has been made to direct the respondent no.2 to pass necessary order to the application of the petitioner.
8. Considering the facts and circumstances of the case, the present petition is disposed of directing the respondent no.2- Secretary, U.P. Basic Education Board, Prayagraj, to take a decision in the matter in accordance with law, most expeditiously and positively within a period of four weeks from the date of presentation of certified copy of this order.
Order Date :- 2.8.2024
S.K.
