Transfer milne ke baad Joining nahin dene par Court ne Joining dene ka aadesh diya

Transfer milne ke baad Joining nahin dene par Court ne Joining dene ka aadesh diya -
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 32

Case :- WRIT - A No. - 14921 of 2017
Petitioner :- Rekha Jaiswal
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Dharmendra Kumar Pandey
Counsel for Respondent :- C.S.C.,Ram Prakash Shukla

Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and Shri Ram Prakash Shukla, learned counsel for the respondents No.2 and 3 as well as learned Standing Counsel for the respondent No.1-State.�
By means of this writ petition, the petitioner has come to this Court raising a grievance that the petitioner is a teacher in a Primary School run by the Basic Education Board. The petitioner made a request for transfer and order of transfer was passed on 28.12.2016, by which, the petitioner was transferred from Primary School Jairampur Block, District-Bhadohi to Primary School Saraiya Block,�District-Bhadohi. When she went to join at Saraiya, the respondent No.4, who was also transferred from Prathmik Vidyalaya Saraiya Block, District-Bhadohi refused to give charge. The petitioner then filed a writ petition being Writ Petition No.2974 of 2017, which was disposed of by this Court by order dated 20.01.2017 directing the District Basic Education Officer to consider the claim of the petitioner.
It appears that the District Basic Education Officer accepted the claim of the petitioner and directed her to join Primary School at Saraiya. The petitioner again was not allowed to join the Institution. Therefore, the petitioner made a representation to the respondent No.2 that in spite of direction of the District Basic Education Officer, she is not being allowed to join the Institution at Saraiya, District-Bhadohi.
Shri R.P. Shukla, learned counsel for the respondent No.2, upon instruction, submits that the respondent No.4 has now been relieved from the Primary School Saraiya at the behest of District Basic Education Officer. Therefore, now the writ petition has been rendered infructuous.
I have considered the submissions of the learned counsel for the parties.
The writ petition is disposed of with the direction that if the respondent No.4 has been relieved from the Primary School Saraiya, there is no impediment for the petitioner to join in the Primary School Saraiya. Therefore, a direction is issued to the District Basic Education Officer to consider the claim of the petitioner and allow her to join at Primary School Saraiya since now, a post is vacated as per instruction of the Shri R.P. Shukla, learned counsel for the respondents No.2 and 3.
Order Date :- 11.4.2017

Ashish Tripathi
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