Court No. - 26 Case :- WRIT - A No. - 5461 of 2010 Petitioner :- Lajja Agrawal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Tyagi Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the parties.
Petitioners before this Court are aggrieved by an order of adjustment/transfer
issued by the Basic Shiksha Adhikari concerned with reference to the letter of
the State Government dated 31.7.2009, which provides that surplus teacher in
an institution be adjusted against the vacancy available in another institution.
Counsel for the petitioners challenging the order of transfer/adjustment
submits that such adjustment is based on wrong appreciation of facts qua
working of the petitioner as surplus, therefore, such adjustment is illegal.
I am of the considered opinion that such order of transfer/adjustment within
the same district does not warrant any interference under Article 226 of the
Constitution of India. However, the grievance raised on behalf of the
petitioners requires attention of the Secretary, Basic Shiksha U.P. at
Bulandshahar at the first instance.
Accordingly, the present writ petition is disposed of by providing that the
petitioners may make a representation ventilating all their grievances,
supported by such documents as they may be advised before the Basic
Shiksha Parishad U.P. at Bulandshahar within two weeks from today, along
with a certified copy of this order. On such representation being made the
Secretary shall consider and decide the same strictly in accordance with law
by means of a reasoned speaking order, preferably within four weeks
thereafter.
No order as to costs.
Order Date :- 3.2.2010
SKD