Court No. - 18 Case :- WRIT - A No. - 71837 of 2009 Petitioner :- Raj Bahadur Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Vivek Prakash Mishra Respondent Counsel :- C.S.C.,Durga Prasad Singh Hon'ble Sudhir Agarwal, J.
Aggrieved by the order dated 17.11.2009 passed by the Secretary, U.P. Basic
Education Board, Allahabad rejecting the representation of the petitioner
against his transfer/adjustment due to finding him in excess to the sanctioned
posts in the institution concerned, the present writ petition has been filed by
the petitioner. It is submitted that presently number of Teachers in the
institution concerned is four which includes the petitioner since some other
Teachers have been transferred, therefore, the petitioner ought not to have
been transferred from the institution concerned. In support thereof, he placed
reliance on Annexure 6 to the writ petition which is said to be a chart prepared
by the office of District Basic Education Officer. However, a perusal thereof
does not show as to how and in what manner the said document was prepared.
No order of transfer of other Teachers transferring them from the institution
concerned before the impugned transfer of the petitioner has been placed on
record.
Besides, pursuant to the judgment dated 16.9.2009 of this Court in petitioner’s
earlier writ petition no. 49650 of 2009, it does not appear that the petitioner
took any such plea before the authorities concerned. This Court has already
observed in its judgment dated 16.9.2009 that the transfer/adjustment in the
same district does not warrant interference under Article 226 of the
Constitution. I, therefore, find no occasion to interfere with the impugned
order of transfer. Moreover, counsel for the petitioner could not show that the
impugned order is contrary to the Government Order dated 15.7.2009 which
contains guidelines with respect to transfer/adjustment of the Teachers
working in excess to the sanctioned strength. I, therefore, find no reason to
interfere with the order impugned in this writ petition.
However, liberty is given to the petitioner to approach the respondent no. 2 by
means of a fresh representation if there is any subsequent event which brings
the petitioner within sanctioned strength of Teachers in the institution
concerned wherefrom he was transferred and if such a representation
alongwith relevant material is made by the petitioner within ten days from
today, the respondent no. 2 shall consider the same and pass appropriate order
in accordance with law.
With the above observation, the writ petition is dismissed.
Dt. 5.1.2010
PS-71837/09