Neeladri Singh v. State of U. P. Thru Special Secy Deptt Of Basic Edu Lko Andors
2018-02-01
RITU RAJ AWASTHI
body2018
DigiLaw.ai
JUDGMENT & ORDER : RITU RAJ AWASTHI, J. 1. Notice on behalf of opposite parties no. 1 and 3 has been accepted by the learned Chief Standing Counsel whereas notice for opposite parties no. 2 and 4 has been accepted by Mr. J.B.S. Rathour, Advocate. 2. Heard learned counsel for the parties. 3. The writ petition has been filed seeking suitable order or direction to opposite party no. 2, Secretary, U.P. Basic Education Board, Allahabad to consider the transfer and posting of the petitioner from District Sultanpur to District Gonda on the post of Assistant Teacher in a primary school. 4. Learned counsel for the petitioner submits that the husband of the petitioner is working as Assistant Teacher under the Basic Education Board in District Gonda and her in-laws are at Gonda. She has been posted at Sultanpur due to which she has been put to great hardship. It is submitted that the opposite parties are not considering the request of the petitioner for change of district. The petitioner, in fact, has been allotted district Sultanpur. She cannot be transferred outside district Sultanpur unless the order for change of district is issued by the opposite parties. 5. It is further submitted that the controversy involved in this writ petition has been considered by this Court in Writ Petition No. 1034 (SS) of 2018 and vide order dated 17.1.2018 a direction has been issued to the Secretary, Basic Education Board, Allahabad to consider the representation of petitioner for change of district in view of the fact that her family is residing in some other district. 6. Submission is that the petitioner is similarly situated and, as such, benefit of the order dated 17.1.2018 passed in Writ Petition No. 1034 (SS) of 2018 be also extended to the petitioner. 7. Learned standing counsel as well as Mr. J.B.S. Rathour, learned counsel for opposite parties no. 2 and 3 do not dispute the aforesaid position. 8. In view of above, with the consent of parties' counsel, the writ petition is disposed of in the light of the order dated 17.1.2018 passed in Writ Petition No. 1034 (SS) of 2018. The petitioner would be entitled to get the benefit of the said order. 9. Office shall issue certified copy of the order dated 17.1.2018 passed in Writ Petition No. 1034 (SS) of 2018, while issuing certified copy of this order.