The Allahabad High Court while granting huge relief to the teachers of primary schools in inter- district transfers has stated that the child's illness is a valid basis for inter-district transfer of the teacher. The court said that the illness of the child is a sensitive matter and it is unfair to refuse the transfer application without considering it.
“The petitioner is entitled for a sympathetic consideration of her case for inter district transfer by the respondents considering the disability suffered by her minor son of five years. Consequently, the authorities are directed to consider the case of the petitioner afresh sympathetically in accordance with law and consistently with the observations made in the body of this order.”
This above order has been given by Single Bench of Justice Ajay Bhanot on the petition of Prayagraj assistant teacher Syeda Rukhsar Mariam Rizvi. The petitioner has submitted before the court that the petitioner is working as Assistant Teacher in district Allahabad. Her husband is working as an Assistant Engineer in U.P. Power Corporation at Lucknow.
The son of the petitioner suffers from autism. The disability of the son of the petitioner who is aged 5 1/2 years is assessed at 80%. Petitioner is aggrieved by the rejection of the application for inter district transfer. The court has observed that disability of children coming within the purview of the Rights of Persons with Disabilities Act, 2016 is a valid consideration for transfer and the same was regarded as such by the government order dated 02.12.2019.
The said provision in the government order dated 02.12.2019 is a beneficent provision which is consistent with the provisions of the Rights of Persons with Disabilities Act, 2016 and the role of the government as a model employer. There is no reason to deny the benefit of such criteria in future years also.
The court has also directed to U.P. Basic Education Board, Prayagraj to complete the entire exercise within a period of one month from the date of production of a computer generated copy of this order.
Case details:
Case: - WRIT - A No. - 460 of 2021
Petitioner: - Syeda Rukhsar Mariyam Rizvi
Respondent: - State Of U.P. And 3 Others
Counsel for Petitioner: - Navin Kumar Sharma
Counsel for Respondent: - C.S.C., Arun Kumar
Bench: Justice Ajay Bhanot
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