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Allahabad High Court
Sanjiv Dixit S/O Brij Kishore … vs State Of U.P. Thru Secretary … on 9 August, 2010
Court No. - 6

Case :- SERVICE SINGLE No. - 5577 of 2010

Petitioner :- Sanjiv Dixit S/O Brij Kishore Dixit
Respondent :- State Of U.P. Thru Secretary Education Basic Shiksha & Ors.
Petitioner Counsel :- A.P. Sharma
Respondent Counsel :- C.S.C.,B.L. Verma

Hon'ble Shabihul Hasnain,J.

Heard Sri A.P. Sharma learned counsel for the petitioner and Sri B.L.
Verma learned Standing Counsel for the opposite party nos. 3 and 4.

The petitioner has been transferred vide order dated 23.3.2010 as
contained in Annexure no. 1 to the writ petition. The petitioner says that
this transfer order has been passed on the behest of another teacher.
The reasons of transfer have been given in the order itself and thus, the
transfer order becomes penal in nature and can not be resorted to.

The learned Standing Counsel has pointed out that order has been
passed in the month of March and this is a highly belated petition. The
petitioner has not joined the transferred place of posting and, as such,
this is misconduct.

There are some factual questions which can at best be decided by the
departmental authorities. The petitioner is, therefore, at liberty to move
an application before the Director, Basic Education for redressal of his
grievance.

The Director, Basic Education is directed to look into the matter and
pass appropriate orders within a period of one month from the date a
certified copy of this order is filed along with fresh representation before
him. The question of payment of salary shall also be decided along with
other questions.

With the above observation and direction, writ petition is finally
disposed of.

Order Date :- 9.8.2010
Om.


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