HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 16629 of 2018
Petitioner :- Sushil Kumar Chaudhary
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. And Anr.
Counsel for Petitioner :- Pramod Kumar,Priyanka Yadav,Rajesh Kumar,Srkant Chaudhary
Counsel for Respondent :- C.S.C.,Ghaus Beg
Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioner.
Learned Chief Standing counsel has accepted notice on behalf of respondent no. 1 and Sri Ghaus Beg, learned counsel has accepted notice on behalf of respondent no. 2.
By means of the present writ petition, the petitioner has prayed for issuance of writ of mandamus directing the respondents to consider his claim for transfer from primary school Maghgawan Mihpurwa Behraich to the nearest place of the petitioner's house on the ground that mother of the petitioner is suffering from medical ailment.
Learned counsel for the petitioner submitted that the department of Basic Education, by means of a notification issued on 13.6.2017, has framed a policy for transfer of teachers in intra district transfer wherein it has been provided that the teachers, who have completed five years of service, can move on-line application for transfer w.e.f. 7.8.2017 to 20.8.2017. He further submitted that the petitioner has been granted appointment on 2.7.2016 on the post of Assistant Teacher in primary school Maghgawan Mihpurwa Behraich and due to ill health of his mother, he moved an application on 22.3.2018 for consideration of his claim for grant of transfer which is pending consideration and no order whatsoever has been passed till date.
Sri Ghaus Beg, learned counsel for the respondent no. 2 submitted that the petitioner has not completed the criteria of five years service as an Assistant Teacher, therefore, he has not moved on-line application before the competent authority for his consideration. Therefore, his application is not liable to be considered by the respondents.
Learned Standing counsel has also adopted the same submission.
Having heard learned counsel for the parties and perused the material on record.
The policy dated 13.6.2017 prescribed that the teachers appointed in primary schools and upgraded primary schools run and managed by the Board of Basic Education, on completion of five years of service can apply for transfer from one district to another district as per the option exercised by the teachers. On perusal of the writ petition, it has been transferred that the petitioner has been appointed on the post of Assistant Teacher under the order of District Basic Education Officer, Bahraich dated 1.7.2016 and in pursuance thereof, he assumed charge on the said post on 2.7.2016. Therefore, the petitioner has continued in service as Assistant Teacher for two years only. Under the policy, the requirement is, on completion of five years of service as Assistant Teacher may apply for the grant of transfer on the criteria prescribed under the notification dated 13.6.2017.
In view of the above, due to non fulfillment of the requisite criteria prescribed under the notification dated 13.6.2017, the petitioner is not entitled to get relief for consideration of his claim for grant of transfer under Article 226 of the Constitution of India.
The writ petition Lacks merit and is hereby dismissed.
Order Date :- 2.7.2018
