Court No. - 4 Case :- SERVICE SINGLE No. - 4422 of 2009 Petitioner :- Jagannath Prasad Maurya S/O Ram Bali Maurya Respondent :- State Of U.P. Thru Prin. Secy. Basic Education & Others Petitioner Counsel :- Prabhakar Tiwari Respondent Counsel :- C.S.C.,R.P. Verma Hon'ble Sunil Ambwani,J.
Heard learned counsel for the petitioner. Learned Standing
Counsel appears for the respondents.
The petitioner was serving as Assistant Teacher in Prathmik
Vidyalaya, Chakbhadayan, Block Jahangirganj, District Ambedkar
Nagar. On his promotion as Head Master in a Junior School, he
was posted in the same school. By an amended transfer order dated
1.8.2008 he was posted to Prathmik Vidyalaya, Chak Masena, in
the same Block at Jahangirganj. He filed a Writ Petition No. 4082
(SS) of 2009 Jagannath Prasad Maurya vs. State of UP and others,
with a grievance that after joining on the said post, he was not paid
his salary. On 6.5.2009 the writ petition was disposed of with
directions to Director, Basic Education, U.P. to pass a fresh order
on the petitioner’s posting allowing him to continue either at the
present place of posting as Head Master or at any nearest place
where the post is vacant.
By the order dated 8.7.2009 under challenge the District Basic
Education Officer, Ambedkar Nagar has issued a fresh transfer
order posting the petitioner at Primary School Sati, Vikas Khand
Jahagirganj.
It is contended that the transfer order has not been passed by the
Director, Basic Education, State of UP. The petitioner has also
relied upon an earlier order passed by the District Basic Education
Officer amending the first transfer order and directing the
petitioner to be adjusted at the same place where he was posted
and that the order violates the transfer policy dated 31.5.2006, that
no school should be left without a teacher. The petitioner was the
only Headmaster-teacher in the school.
In paragraph 3 of the counter affidavit of the District Basic
Education Officer, it has been clearly stated that the order has been
passed by the Director, Basic Education and that the District Basic
Education Officer has simply communicated the order to the
petitioner. A corrigendum was issued on 25.7.2009 by the District
Basic Education Officer in which he has clarified that the order
was passed by the Director, Basic Education, U.P.
The petitioner holds a transferable post and that on promotion he
could be posted at any place where there was a vacancy on the post
of Head Master. The transfer policy is by way of guidelines, which
does not give any right to the petitioner to challenge transfer order.
It is for the Basic Education Officer in the district to ensure that no
school should be closed for want of teachers. There is no illegality
in the order to interfere in the matter.
The writ petition is dismissed.
Order Date :- 4.1.2010
RKP