Allahabad High Court
Krishna Chandra Yadav vs State Of U.P. And 4 Others on 22 August, 2025
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:145008
Court No. - 52
Case :- WRIT - A No. - 10575 of 2025
Petitioner :- Krishna Chandra Yadav
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Prabhat Kumar Singh,Vineet Kumar Yadav
Counsel for Respondent :- C.S.C.,Tej Bhan Singh
Hon'ble Mrs. Manju Rani Chauhan,J.
Mr. Surendra Kumar Tiwari, Secretary Basic Education Board, U.P., Prayagraj is present before this Court and has filed personal affidavit, which is taken on record.
Heard learned counsel for the petitioner, Mr. Abhishek Srivastava and Mr. Tej Bhan Singh, learned counsels for the respondent no.2-B.S.A. as well as learned Standing Counsel for the State.
The present petition has been filed with the prayer to direct the respondent no.2 to consider the claim of the petitioner for his transfer from District Balrampur to District Jaunpur as Assistant Teacher in Parishadiya Primary School.
On 29.7.2025, the following order was passed :-
"Heard learned counsel for the petitioner, Mr. Tej Bhan Singh, learned counsel for the respondent nos.3&5 and learned Standing Counsel for the State-respondent.
The present writ petition has been filed with a prayer to direct the respondent no.2 to consider the claim of the petitioner for his transfer from District Balrampur to District Jaunpur as Assistant Teacher in Parishadiya Primary School.
Learned counsel for the petitioner submits that an application requesting for transfer from District Balrampur to District Jaunpur was moved by the petitioner on which he has been transferred by order dated 02.06.2023, but the petitioner has not been relieved till date.
Despite the transfer order being passed on 02.06.2023, the petitioner has not been relieved till date, which underlines the inefficiency and inaction of the concerned authorities.
In such circumstances, this Court has no other option but to direct the respondent no.3, i.e. Basic Shiksha Parishad, U.P. Allahabad through its Secretary to remain present before this Court alongwith his personal affidavit explaining as to why the petitioner has not been relieved from District Balrampur to Jaunpur, on the next date fixed. It is ordered, accordingly.
Put up this case on 06.08.2025 as fresh.
Registrar Compliance is directed to communicate this order to the respondent no.3, i.e. Basic Shiksha Parishad, U.P. Allahabad through its Secretary for its compliance forthwith."
On 6.8.2025, the following order was passed :-
"1. In compliance of order of this Court dated 29.07.2025, Mr. Surendra Kumar Tiwari, Secretary, Basic Shiksha Parishad, U.P., Allahabad, is present before this Court today. He has also filed personal affidavit, which is taken on record.
2. Perusal of the affidavit goes to show that nothing has been mentioned as to the medical report of the petitioner's wife wherein the transfer of the petitioner cannot be done in view of the Government order dated 02.06.2023. Furthermore, no communication has been made regarding the same to the petitioner. Therefore, the personal affidavit, filed today, is found to be improper.
3. On the aforesaid, Mr. Abhishek Srivastava, learned Chief Standing Counsel-VII along with Mr. Tej Bhan Singh, learned counsel for respondent-BSA, requests for time to file better affidavit.
4. As prayed, two weeks' time is granted to the Secretary, Basic Shiksha Parishad, Allahabad, to file better affidavit on the next date fixed.
5. Put up this matter, as fresh, on 22.08.2025.
6. The Secretary, Basic Shiksha Parishad, Allahabad, shall remain present before this Court along with better affidavit, on 22.08.2025.
7. Mr. Abhishek Srivastava, learned Chief Standing Counsel-VII, shall ensure presence of Mr. Surendra Kumar Tiwari, Secretary, Basic Shiksha Parishad, U.P. Allahabad, before this Court, on the next date."
In view of the affidavit as filed today, learned counsel for the respondent-B.S.A. submits that the transfer order is passed in the light of Government Order dated 2.6.2023, in which Clause 8 speaks about transfer only in the condition when the candidates or their family members are suffering from any serious ailment as defined in Schedule (?) of the Government Order dated 27.12.2016. The petitioner's wife is suffering from Post Traumatic Collapse L1 with Paraplegia which does not come into the category as defined in Schedule (?) of the Government Order dated 27.12.2016, therefore, he has not been relieved pursuant to the transfer order dated 26.6.2023, wherein a transfer list has been published, transferring several candidates. A condition has also been mentioned that the candidates who are transferred, shall be relieved, only in case they are found entitled for the same as per the Government Order dated 2.6.2023. In these circumstances, the petitioner is not entitled for the transfer as he does not fall in the category as defined in Clause 8 of the Government Order dated 2.06.2023 (ailment as defined in Schedule (?) of the Government Order dated 27.12.2016), therefore, he has not been relieved.
Placing reliance upon a judgment passed by Co-ordinate Bench of this Court in Writ-A No. - 8765 of 2024 (Piyush Singh vs. State Of U.P. Thru. Addl.Chief Secy. Deptt. Basic Edu. Govt. Of U.P. Lko. And 3 Others) vide order dated 19.11.2024, learned counsel for the petitioner submits that as per Clause 9 of the Government Order dated 2.6.2023, he is entitled to be relieved.
On the aforesaid, the learned counsel for respondent-B.S.A. submits that Clause 9 of the said Government Order defines the fact as to who has the authority to issue the medical certificate in case the candidates or their family members are suffering from any serious ailment. The serious ailments are all defined in Schedule (?) of the Government Order dated 27.12.2016, therefore, the judgment as relied upon by the learned counsel for the petitioner is not applicable in the facts of the present case. Even otherwise, the petitioner has approached the Court after a delay of nearly two years' without giving any plausible explanation for the delay and latches on his part.
In view of the aforesaid submissions as advanced by learned counsel for the parties, the present petition is dismissed, accordingly.
Personal appearance of Mr. Surendra Kumar Tiwari, Secretary Basic Education Board, U.P., Prayagraj is exempted.
Order Date :- 22.8.2025
Kalp Nath Singh
