Court No. - 23 Case :- SERVICE SINGLE No. - 167 of 2010 Petitioner :- Smt.Ratna Sarkar W/O Sri Aleemuddin Khan Respondent :- State Of U.P.Through The Secretary Basic Education & Others Petitioner Counsel :- Najam Zafar Respondent Counsel :- C.S.C.,Prashant Arora Hon'ble Shabihul Hasnain,J.
Heard Sri Najam Zafar, learned counsel for the petitioner and Sri Prashant
Arora for the opposite party No.2-Zila Basic Shiksha Adhikari, Hardoi.
Petitioner, who is working as Assistant Basic Shiksha Adhikari, has been
transferred from Sursa to Pihani within the district of Hardoi. Case of the
petitioner is that she has been transferred five times within two years. Lastly,
the petitioner was posted in Sursa in September, 2009 and now within three
months she has been asked to join at Pihani. Petitioner further stated that the
she has been transferred earlier also very frequently within a year and the
opposite parties are bent upon harassing the petitioner. He has further
averred that she is to retire within a year and there is a government order
dated May 20, 1992. According to this government order if an employee of
category ‘C’ is due to retire then he may be posted as far as possible to the
nearest station or in the home district. Petitioner says that she has always tried
to get herself posted in the home district of Shahjahanpur but that has not
been done instead she has been transferred from Sursa to Pihani which is
against the government order. Argument of the petitioner is that the Basic
Shiksha Adhikari is malafidely inclined against her.
On the other hand, learned counsel for the Basic Shiksha Adhikari has stated
that the petitioner is an undisciplined employee and there are complaints
against her. There is no bias against her because every time when the
petitioner has approached the Basic Shiksha Adhikari he has always
favourably forwarded the applications made by the petitioner. There is no
allegation of malafide against the Basic Shiksha Adhikari in the body of the
writ petition and he has not been arrayed as opposite party, hence the Court
rejects this argument.
However, considering both the arguments and pleadings this Court feels that
since the petitioner is a lady who is to retire in a year, it will be very much
against the spirit of the government order that she be forced to join at the new
place i.e. Pihani. Normally this Court does not interfere with the
administrative working of the executive, but the transfer order has been
passed against the spirit of the Government order. We are in the middle of the
year and the petitioner has been transferred five times in two years.
This Court under the peculiar circumstances of the case is interfering with the
transfer order dated 31.12.2009.
Learned counsel for the opposite parties Sri Prashant Arora prays for and is
granted four weeks’ time to file counter affidavit. Rejoinder affidavit may be
filed within a week thereafter.
List thereafter.
Meanwhile, the transfer of the petitioner from Sursa to Pihani vide order dated
31.12.2009 shall remain stayed.
It shall always be open to the Basic Shiksha Adhikari to approach this Court
if the petitioner does not remain dutiful and does not follow the instructions
issued by the officers from time to time.
Order Date :- 13.1.2010
RKM.