Sarkari Naukri Recruitments Results

HIGH COURT OF JUDICATURE AT ALLAHABAD

Reserved



Case :- WRIT - A No. - 48572 of 2012

Petitioner :- Smt. Rajni Goyal
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Siddharth Khare,Ashok Khare
Respondent Counsel :- C.S.C.,K. Shahi

Connected with

1.Case :- WRIT - A No. - 56081 of 2012

Petitioner :- Shanu Khanna
Respondent :- State Of U.P.And Others
Petitioner Counsel :- Kshetresh Chandra Shukla
Respondent Counsel :- C.S.C.,Vijai Kr. Srivastava
2.Case :- WRIT - A No. - 56083 of 2012

Petitioner :- Neeraj Khatana
Respondent :- State Of U.P.And Others
Petitioner Counsel :- Kshetresh Chandra Shukla
Respondent Counsel :- C.S.C.,Vijai Kr. Srivastava


Hon'ble V.K. Shukla,J.
Common questions of fact and law are involved in all the above writ petitions, hence all of them have been taken up together for final hearing and disposal with the consent of the parties. Civil Misc. Writ Petition No.48572 of 2012 is being treated as leading writ petition.
In this bunch of writ petitions, the grievance of the petitioners is that they have been performing and discharging duties as Assistant Teachers in Senior Basic School and Junior Basic Schools run by the Board of Basic Education. In December, 2011, the State Government amended the provisions of U.P. Basic Education Teachers' Service Rules, 1981 by substituting Rule 21 thereof known as U.P. Basic Education (Teachers Services) (Thirteenth Amendment) Rules, 2011 and permitting options to be submitted by the assistant teachers for seeking one time inter district transfer in accordance with the said Rules and such options were to be submitted on or before 31st December, 20111, on line, and in the applications so submitted, the incumbents were required to specify three districts in order of preference for transfer.
Smt. Rajni Goyal, the petitioner of leading writ petition, submits that she had specified three districts, viz., Lucknow, Rai Bareli and Barabanki for her transfer. On the transfer list being published on 14.08.2012, she has been shown to have been transferred to district Rai Bareli and as far as petitioners of other writ petitions are concerned, their claim has not at all been considered Thereafter, it is reflected that another list had been published on 31.08.2012, wherein a number of teachers have been shown to have been transferred from one district to another, and perusal of the order dated 31.08.2012 issued by the Secretary, Basic Shiksha Parishad reflects that this transfer order has been passed on the intervention of the Chief Minister and the Minister for Basic Education. At this juncture, petitioners have rushed to this Court.
The order dated 31.08.2012 appears to have been issued by the Secretary, Basic Shiksha Parishad, U.P. Allahabad, wherein it has been mentioned that in U.P. Basic Education Teachers' Service Rules 1981 amendment has been introduced and the Rules for inter district transfer have been changed, and the list received from the offices of the Chief Minister and the Minister for Basic Education is being accepted and the same should not be treated as precedence.




This Court on 01.10.2012 proceeded to pass the following order:

"Put up this case on next Tuesday (09.10.2012) at 2.00 P.M.
In the present case issue being sought to be raised is that various incumbents had applied for effectuating inter district transfer in consonance with the provisions of 13th Amendment made in Rules, 1981. The grievance of the petitioner is that she had given three options and one of them was Lucknow. Before this Court a letter from the Secretary, Basic Shiksha Parishad dated 31.08.2012 has been produced, wherein he has proceeded to mention that the amended Rules have been enforced and he has received a list of teachers from the office of the Chief Minister and the Minister for Basic Education, and the said list has been examined and the aforesaid incumbents have been transferred accordingly, in the column mentioned and the same be not treated as precedent.
Once statutory Rules have been framed and enforced with effect from 31.08.2012, then there was no occasion, in the opinion of the Court on prima facie basis, to entertain any list sent from the Chief Minister's office or from the Minister for Basic Education after enforcement of� Rules. In view of this let affidavits be filed before this Court� by the respective Secretary from the office of the Chief Minister and the Minister for the Basic Education� separately explaining as to under what circumstances the list in question had been transmitted to the Secretary, Basic Shiksha Parishad, U.P. Allahabad after enforcement of the statutory Rules.
Coupled with this, the Secretary, Basic Shiksha Parishad shall publish a notice in the newspaper informing and intimating the incumbents, who are the beneficiaries out of the� said list� and have been transferred on the mere recommendation of Chief Minister/Minister for Basic Education, whereas in the State of U.P. exerting political influence is construed as misconduct under Conduct Rules, so that they may have also their say in the matter at 2.00 P.M. on the next Tuesday.
Let a copy of this order be made available to Sri C.B.Yadav, Additional Advocate General, U.P. for further follow-up action."

Affidavit has been filed by Sri Alok Kumar, the Secretary to the Chief Minister, and therein stand has been sought to be taken that the some of the applications had been received in the office of the Chief Minister whereas some of the applications were received during his tour in the State and the said applications had been forwarded to the department concerned and such noting only connotes that the department should process those applications in accordance with the procedure prescribed therein and as per law It has also been stated that the Office of the Chief Minister does not analyze each and every case, rather each and every case has be be examined at the level of the department concerned. Affidavit to the similar effect has been filed by Sri Anand Prakash Joshi, Private Secretary to the Minister for Basic Education and therein similar stand has been taken that without any political pressure being exerted, the applications were transmitted to be dealt with in accordance with law.