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Allahabad High Court · body

2010 DIGILAW 2961 (ALL)

Zila Basic Shiksha Adhikari Bahraich and Ors. 4146 (S/S)2010 v. Monika Srivastava and Ors.

2010-09-23

F.I.REBELLO, PRADEEP KANT

body2010
Pradeep Kant, J.:- This special appeal has been filed with some delay. The delay has been explained satisfactorily. Learned counsel for the respondents has no objection to condone the delay in filing the appeal. Accordingly, the delay in filing the appeal is condoned. 2. Sri Jyotinjay Verma, learned counsel appearing on behalf of the appellants, assailing the order passed by the learned Single Judge dated 28.07.2010, submitted that respondents 1 and 2 herein were attached to the very Schools, but they could not since be allowed to remain there as attached teachers all the time were transferred to other Schools. In fact, their transfers were on their own request. Since the distance of the School of respondent no.1 is 50 kms from her residence and the distance of the School of respondent no.2 is 80 kms. from his residence, the respondents did not choose to join at the transferred places. They earlier filed a writ petition, bearing Writ Petition No.1741 (S/S) of 2010, which was disposed of on 19.4.2010, with the direction that the representation of the writ petitioners (respondents 1 and 2 herein) be considered and decided within the time stipulated. The Court further observed that till the decision on the representation of the writ petitioners (respondents 1 and 2 herein), the order of transfer shall remain in abeyance. In pursuance of the said direction, an order dated 07.05.2010 has been passed, wherein reasons have been given as to why respondents 1 and 2 cannot be allowed to remain attached and, therefore, they were posted in the Schools in which, there were no teachers and, in fact, they have been given the same very institutions from where they were sent for attachment. 3. Since the grievance of the writ petitioners (respondents 1 and 2 herein) is that they have been transferred at the distance of 50 kms. and 80 kms. respectively, which is far away from their residences and against the relevant Government Orders, they preferred the present writ petition. The learned Single Judge summoned the Basic Shiksha Adhikari, Bahraich and enquired as to why the attachments of the writ petitioners (respondents 1 and 2 herein) were cancelled. and 80 kms. respectively, which is far away from their residences and against the relevant Government Orders, they preferred the present writ petition. The learned Single Judge summoned the Basic Shiksha Adhikari, Bahraich and enquired as to why the attachments of the writ petitioners (respondents 1 and 2 herein) were cancelled. The Basic Shiksha Adhikari, in answer, submitted that at the relevant time, he was not posted in the district and he also submitted that the attachments of the writ petitioners (respondents 1 and 2 herein) were cancelled in pursuance to the Government Order and thereafter the writ petitioners (respondents 1 and 2 herein) have been posted in accordance with the directions of this Court. 4. Attachment of a teacher in a particular School means that there is no vacancy for accommodating the teacher, but may be, in the interest of the institution or for accommodating the teacher, such posting/attachment is necessary, therefore, such a teacher is posted in the said School. This attachment can be only for any valid reasons, but it cannot attain permanency. The salary of the concerned teacher is paid where the teacher is originally/substantially posted. Admittedly, respondents 1 and 2 are under attachment with the present Schools, therefore, they have to be transferred at their original places of posting. 5. The grievance of respondents 1 and 2 is that they were entitled to be transferred within a distance of 15 kms as per the relevant Government Orders and their representation requires consideration in that context. May be, the respondents 1 and 2 can claim such a relief, if any vacancy is available within the said distance. 6. Sri Jyotinjay Verma, states that there is no vacancy available in the nearby Schools. This fact however, is being disputed by the learned counsel for respondents 1 and 2. 7. We, in these circumstances, dispose of the writ petition finally with a direction that the appellants shall consider the case of respondents 1 and 2 for transfer to any nearest School from their residences, where the vacancies are available bearing in mind that the present places of their posting are little far as also giving due weightage to the Government Orders, in question. 8. 8. In the meantime, respondents 1 and 2 may join at their transferred places, subject to the decision, which shall be taken by the Basic Shiksha Adhikari, at any rate, not later than four weeks from the date of production of a certified copy of this order. Writ Petition No.4146 (S/S) of 2010, preferred by respondents 1 and 2 herein, is also disposed of, accordingly. With the above observations and directions, this special appeal is disposed of finally.