Allahabad High Court
Archana Sharma vs State Of U.P. And 3 Others on 28 May, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:90898
Court No. - 6
Case :- WRIT - A No. - 7638 of 2025
Petitioner :- Archana Sharma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Navin Kumar Sharma
Counsel for Respondent :- Archana Singh,C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Navin Kumar Sharma, learned counsel for petitioner and Ms. Archana Singh, learned counsel for respondents.
2. Petitioner, an Assistant Teacher, has taken benefit of inter-district mutual transfer in pursuance of a Transfer Policy dated 02.06.2023 for academic session 2023-24 and was transferred to school where counterpart teacher was working.
3. It is not disputed that petitioner has filed an online application after making pair for mutual transfer and its only logical end would be that petitioner would be transferred at school where her counterpart was working.
4. The online application form is on record of present writ petition wherein the petitioner and her counterpart Roli Devi have applied for transfer and later on they have provided respective pair also. Both have benefitted with transfer at the district of their respective choice. Transfer order is not under challenge.
5. Now petitioner has come up with a case that though she has submitted an online application for mutual transfer may be with an understanding that after making pair she will be transferred at the school at other district where her counterpart was working, still, now she can agitate that schools at transferred district be allotted in terms of Policy and Rules applicable for allotment of schools at the time of first joining at particular district.
6. Learned counsel for petitioner refers a Communication dated 20.08.2022 and Clause 14 and 16 of Transfer Policy dated 02.06.2023 which are quoted below :-
Communication order dated 20.08.2022 :-
"??????
???? ?????
?????? ????
????? ?????? ????
???? ???
?????????
????? ??????
????? ??????, ????
????? ?????? ??????-? ???? ?????? ??.??.????
???? :- ?????? ???? ??????? ??? ????? ????? ???? ??? ???/???? (???? ???? ??????? ? ???? ???? ????? ?????? ????? ? ????) ??? ????? ???? ?????? ??.??.???? ?? ??????? ??? ?????? ?? ???? ????? ?? ?????? ?????? ???????? ????? ?? ??????? ????
?????,
?. ????????? ????? ???? ??????? ???????????????/????/????-?? ?????? ??.??.???? ?? ????? ??????? ????? ???? ?? ???? ??? ????? ?????? ?????? ???? ??????? ??? ????? ????? ???? ??? ???/???? ???? ???? ??????? ? ???? ???? ????? ?????? ????? ? ???? ??? ????? ???? ?????? ??.??.???? ?? ??????? ??? ?????? ?? ???? ????? ?? ?????? ?????? ???????? ????? ?????? ??????????? ??????????/??????? ?? ????????? ???? ???? ?? ???????? ?????? ????? ??? ???
?. ?? ??????? ??? ???? ?? ???? ?? ??????? ??? ?? ?? ????????????? ?? ?????? ?????? ????? ??? ???????? ?? ?????? ??????????? ??????????/??????? ?? ????????? ?? ????? ?????? ???? ??????? ??? ????? ????? ???? ??? ???/???? ???? ???? ??????? ? ???? ???? ????? ?????? ????? ? ???? ??? ????? ???? ?????? ??.??.???? ?? ??????? ??? ?????? ?? ???????? ????? ???? ?? ?????? ?????? ?? ???? ?? ? ??????? ?????? ????????? ????????? ???? ?? ???? ????
?????
?? ??????
???? ?????
?????? ????"
Transfer Policy dated 02.06.2023 :-
???. ??????????? ??? ????????? ?????????? ????????? ??? ??????????? ??????/???????? ?? ?????? ???? ??? ???????? ????? ?? ????????? ????? ?????? ??????-? ?? ???????? ??? ???-???/????-?-????-???/???? ?????? ?? ????? ???? ??? ????? ????????? ?? ?????? ?? ??????
??. ??????????? ??? ????????? ?????????? ?? ??? ?????? ???????? ?? ?????? ????? ?????? ????? ?????? ?????? ?????? ??????????? ??? ????????? ?????????? ?? ?????? ??? ??? ????????? ?? ???????? ???? ?????? ??? ???????? ?? ???? ??? ?????? ????????? ?? ???????
7. Learned counsel further submits that once respondent has taken a decision that they will follow dictum of Division Bench of this Court in Amit Shekhar Bhardwaj vs. State of U.P. and others, 2021:AHC:103863-DB in regard to placement, they are estopped to undertake any other procedure. For reference, relevant paragraph 26 of Amit Shekhar Bhardwaj (supra) is quoted below :-
?26. We have given a thoughtful consideration to the argument advanced from both the sides and looking to the facts that examination was conducted in the year 2018, and, placement/posting being given in the said year and candidates having joined at their respective place of posting in 2018 itself, with the consensus arrived at between the counsels of both the sides as well as consent of the Board, we are proposing to pass the following order :
I. The candidates already selected/posted and working in the respective district of any category, shall not be disturbed.
II. The judgment in favour of the Meritorious Reserved Caste Candidates is not interfered. The petitioners-appellants belonging to Reserved Caste category would submit an application before the Board for change of posting pursuant to the judgment of the learned Single Judge within a period of two months of this judgment. The Board would thereupon process the case and post them as per their choice within two months. This direction would not be applicable in general but limited to the petitioners-appellants whose writ petitions were allowed by the learned Single Judge.
III. The appellants and Intervenors belonging to Open General category shall give option of three districts for their posting which would be considered by the Board within two months. They would be posted in any of the district of their choice subject to availability of the vacancy in the district concerned.?
8. Learned counsel submits that in aforesaid circumstances, Clause 3 of Notification dated 19.06.2024, issued subsequently is liable to be set aside. For reference, said clause of Notification dated 19.06.2024 is quoted below :-
"????????? ??????????? ?????????? ????????? ?? ??????? ??????????? ???????? ?? ???? ??????? ?????????? ??? ?????? ??????????/???????? ????? ????? ???????"
9. Per contra, learned counsel for respondents submits that petitioner was well aware that mutual transfer was made after a pair was formed that she will be appointed in other district of her choice in the same school where her counterpart was working. No objection was made at the time when she joined school at transferred place and now after taking advantage of Transfer Policy, she is challenging a part of policy i.e. procedure to implement it would be against settled position of law.
10. Learned counsel further submits that judgment of Amit Shekhar Bhardwaj (supra) was in relation to appointments made at the stage of first appointment whereas mutual transfers are made in terms of a subsequent Transfer Policy. It has no relation with posting at initial stage. She further refers Clause 16 of Transfer Policy dated 02.06.2023 that procedure for transfer can be framed as well as said Policy was upheld earlier by the judgments passed by Single Bench as well as Division Bench of this Court.
11. I have considered above submissions and perused the record.
12. It is not disputed that State has come with a Transfer Policy to give benefit to teachers who were appointed in a particular district to go to other district of his/her choice since initial appointments were district wise, with specific provisions of mutual transfer and admittedly, in present case, petitioner is a beneficiary of mutual transfer after preparing a pair with another teacher.
13. 'Mutual Transfer' is self explanatory that in simple words, it means that two or more employees in same department agree to swap their current working locations and it does not have any other meaning, therefore, petitioner was well aware that after pairing, she will be transferred at the school in different district of her choice where her counterpart was earlier working and vice-versa for counterpart.
14. Now, petitioner has come up with a case that even on mutual transfer, she was required to place in the school in terms of judgment of Amit Shekhar Bhardwaj (supra) as applicable at the time of first appointment, however, there are two adverse factors to such prayer, firstly it was applicable only at the time of first appointment which is district wise and once petitioner has been taken benefit to go outside the said district where she was appointed, she cannot force concerned respondents to apply Rules in regard to appointment of schools in district since it is a subsequent event based on a noting i.e. a policy matter.
15. Secondly, in Amit Shekhar Bhardwaj (supra), the Division Bench has considered dispute at the stage of appointment of teachers at initial stage and therefore, direction was passed to conduct placement/posting. At that stage, the Division Bench has protected appointments of already appointed teachers and such findings and dictum cannot be applied in a Transfer Policy which has a different method specifically when petitioner has taken advantage of mutual transfer i.e. she is transferred to a District to her choice at the school where her counterpart was working. If the prayer of the petitioner is accepted, it will disturb teacher-student relation also.
16. The contents of para 14 of Transfer Policy has to be read along with its para 16 that respondent was at liberty to frame procedure to implement procedure and that a similar circular dated 28.06.2023 was subject matter of scrutiny before this Court in Shraddha Yadav and 6 others vs. State of U.P. and 10 others, 2024:AHC:4085 along with connected cases, wherein its Clause 6 was questioned and relevant part of it is mentioned hereinafter :-
"??. ????????????? ?? ??????? '???????? ????? ?? ????????? ?? ???? ??? ????? ???? ?? ?? '???????????? ?? ???????? ?? ?? ????????? ??????????? ?? ?????? ??? ???? ?? ?? ???????????, ??? ???? ?? ?? ??, ????? ?? ??????? ?? ???? ??? ?? ???? ???
??. ????? ???? ???????? ???????? ?? ?? ?? ??????????? ?? ?? ??????????? ???? ????? ?? ????????? ???? ??, ????? ????????? ??? ??? ??????? ???????? ???? ??? ???? ?? ???????? ?? ???? ???? ?? ????? ?? ??????????? ?? ???? ???? ?? ??? ????? ?? ????? ?????? ??????? ??? ???? ???
??. ???????? ? ?????????? ?? ???? ????-???? ?? ???????????? ??? ????????? ??????????? ???? ?? ????? ?????? ???? ?? ???????? ?????? ??, ???, ???? ?????? ????????? ?? ??? ???? ???? ??, ?? ? ?? ????? ??? ???????? ???? ?? ???? ???, ?? ?????? ????? ?? ?? ??????????? ???? ?? ' ?????? ??? ??? ????????? ?? ???????? ?? ??????? ???? ??? ?? ??? ???? ???, ?? ??????????? ???? ?? ???? ??? ?????? ????????? ???? ????, ?.???. ????? ?????? ????? ?? ??????? ?????? ??.??.???? ? ??.??.???? ?? ?????? ????, ????? ?????? ?????? ????? ?? ??????? ? ??????? ?? ????????? ?? ????????? ????? ?? ????????? ?? ?????? ?? ??? ???????, ??????????, ?????? ?? ????? ???, ?????? ???? ?? ???, ??????? ?? ?????? ??? ?? ???? ??? ???????? ????? ???? ??? ???? ??? ??????? ?????? ??.??.???? ?????? ???????????? ??????????? ????????? ?? ???????? ???????????? ?????? ??? ???????? (??,??? ?????? ??? ????????) ?? ?????????? ???? ????? ?? ????????? ??, ??????? ????????? ?? ?? ????????? ????? ??? ??????? ?? ???? (?) ?? ?????? ???? ?? ????????? ????????????? ?? ?? ??? ???? ???? ???? ????? ???????? ???? ?? ??? ???-
"?. ????????? ?? ?? ??????? ?????? ??? ???????? ?? ???????????? ???? ??? ??? ?? ???????? ????/????? ???????? ???? ?? ???? ?? ?????????? ???? ?? ????????? ?? ???????"
??. ??????????? ???? ?? ???? ??, ?? ? ?? ?? ??????????? ?? ?????? ??, ?? ????? ?? ???? ????????? ??, ?? ???? ???? ?? ' ?????? ??? ? ????????? ?? ?????????, ???? ??? ?????? ? ?????????? ????? ?? ??????? ??? ??, ?????? ???? ?? ??? ?????? ??? ?? ????? ?? ???? ?? ?????? ???? ??? ??? ???? ????????? ?? ?????? ???? ?? ?????? ????, ?.???. ????? ?????? ????? ?? ????? ??? ?? ??? ??? ??????? ??????? ?? ? ????? ??? ?? ???????? ?? ??? ?? ??????? ??????????? ???? ?? ???? ??? ???? ????????? ?? ??? ??, ? ?? ???? ??????? ?? ????? ??? ?????? ???? ??? ??? ???????? ? ?????? ?? ??? ??????????? ???? ?? ???? ??, ?? ? ?? ???? ????? ???????? ???? ?? ??? ???-
?(??) ???????????? ??? ????????? ??????????? ?? ??? ?????? ???????? ?? ?????? ?????? ????? ?????? ????? ?????? ???????????? ??? ????????? ??????????? ?? ?????? ??? ??? ????????? ?? ???????? ???? ?????? ??? ???????? ?? ???? ??? ?????? ????????? ?? ???????
(??) ???????????? ??????????? ???? ???-?????? ????, ????? ?????? ????? ?????? ???? ???? ?? ???? ?? ?????? ?? ???????
(??) ???????????? ??? ????????? ??????????? ?? ??????? ??????/???????? ?? ?????????? ???? ??? ???????? ????? ???? ?? ????????? ???? ??????? ???? ??? ???? ?? ??????? ??????/???????? ?? ?????????? ???? ??? ???????? ????? ???? ?? ????????? ????? ?? ????? ?? ?? ???????"
??. ?? ???????? ?? ?? ????????? ???? ?? ?? ??????? ?????? ??.??.???? ?? ???? (?) ??? ???????? '???????????? ???? ??? ??? ?? ???????? ????/????? ???????? ???? ?? ???? ??' ?????????? ???? ?? ????????? ?? ??? ????????? ???? ?? ???? ???? ???? ?? ????? ???? ???? ?? ????????????? ?? ????? ??? ??????????? ??????????? ?? ???? ????? ?? ??? ?? ?????? ??????? ???? (?) ?? ???? ???? ?????????? ???? ???? ??? ???
??. ??????? ?????? ???? (?) ?? ?????????? ?? ????? ??????? ?? ???????? ?????? ??? ???? ?? ?????? ????? ?? ?????? ???? ?????????? ???? ? ???? ??????? ???????? ?? ??? ?? ???????? ?????? ???? ??, ?? ??? ????????????? ?? ???????? ?? ?? ?? ???????????? ????, ???? ???? ???? ?? ???????? ?? ???????? ??? ???? ??, ???????? ????? ????? ???? ?? ?? ?? ???? ?????? ?? ??????? ???????? ?? ????? ??? ?? ?? ???? ???? ??? ??????? ??????/???????? ????? ???????? ???? ?? ?? ??, ?? ?????? ?? ??????? ?? ???? ???????? ???? ?? ??? ?? ????????????? ?? ?????? ??????? ????? ???????? ?? ?????? ??????? ?? ??????, ???? ???????? ???? ??? ???? ?? ???? ?? ?? ???? ? ??? ?? ?????? ??????? ?? ??? ????? ???? ?? ??? ???????? ????? ??????? ?????? ???? ?? ????????? ???? ?? ?? ??????? ???? (?) ?? ????????? ?????? ???? ??? ??? ????? ???? ???? (?) ?? ?????????? ??? ?? ???????? ?? ???? ?? ????? ????? ?????? ??????????? ???? ??? ???????? ?? ????? ???? ???????
??. ??? ?????? ???????? ?? ?? ???? ?????? ?? ????? ????? ????? ???? ??? ? ????? ???? ??.??.??. ?????? ??.??. ???, ?? ?????? ??? ????? ???? ??? ??, ??? ???? ?? ?????????? ???? ???-
? ??. ????? ???????? ??? ??????? ??? ?? ??? ????? ??? ??, ?? ???????? ????? ?? ?????? ???????? ??? ????????? ?????????? ?????? ???? ???? ???????? ??????? ?? ??????? ?????????? ???? ???? ?? ???? ??? ??? ?? ??? ??? ?????? ?????? ????? ??? ?? ???? ?? ??????? ?? ?? ?????? ? ??????? ?? ?? ???????????? ?? ?????? ?? ????? ???? ?? ????????
??. ??? ?????? ???????? ?????? ?? ???? ?????? ??????? ????? ????? ???????? ???? ? ???? (????)? ??.??.??. ???, ?? ?????? ?? ????? ?? ????? ???????? ??????? ????? ???? ??????(????)? ??.??.??. ??? ? ??? ???? ????? ???? ???? (????)? ??.??.??. ??? ?? ???????? ?? ?????? ???? ??? ?? ??????? ???? ???-
? ??. ?? ?????????? ?? ?? ???????? ?????? ????? ??? ????????? ???? ??? ???? ??????, ?? ?? ?? ???? ?????? ??? ?? ???????? ?? ?????? ? ??????? ?? ????? ?? ???????? ????? ?? ?????? ?????? ??? ????????? ??? ?????, ?? ????? ?? ????? ?? ??? ?? ???? ?? ????????? ??? ??????????? ???? ?? ?? ?? ??????????? ????, ???? ???????? ?? ???????? ?? ????? ???? ????"
17. In view of above, this Court does not find ground to quash paragraph 3 of Circular dated 19.06.2024 or to grant any other relief. Writ petition lacks merit, hence, dismissed.
Order Date :- 28.5.2025
N. Sinha
