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2025 DAILYLAW 13630 (ALL)

BACHCHU SINGH AND 7 OTHERS v. STATE OF U.P. AND 8 OTHERS

WRIA/1394/2025 · 2025-02-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28355 Court No. - 7 Case :- WRIT - A No. - 1394 of 2025 Petitioner :- Bachchu Singh And 7 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Prakash Padia,J. 1. Heard Shri Navin Kumar Sharma, learned counsel for the petitioners. Learned Standing Counsel accepted notice on behalf of Respondent Nos. 1 & 3, Smt. Archana Singh, learned counsel appearing on behalf of Respondent Nos. 2, 5 6, 7, 8 & 9. 2. The petitioners have preferred the present writ petition inter-alias with the following prayer:- "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents to relieve the petitioners from District Bahraich to join their services at their concerned districts in which they have already transferred (mentioned in para no.8 of the writ petition). (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioners to join their services in their concerned districts as per their transfer from District Bahriach to their concerned districts (mentioned in para no. 8 of the writ petition)." 3. It is argued by the counsel for the petitioners that pursuant to the Government Order dated 02.06.2023 all the petitioners have submitted their online transfer applications. Subsequently a list was published by the Respondent No. 2 on 26.06.2023 transferring the various teachers working in the Primary institution in the State of U.P. including the present petitioners. Subsequent to the same, another list was published containing the name of 50 teachers including the present petitioners. The teachers named in the aforesaid list were not relieved pursuant to the order of transfer due to the reason that these candidates are not covered by point no. 9 of the Government Order dated 02.06.2023. Point No. 9 of the Government Order dated 02.06.2023 reads as follows:- " अससधय एवव गमभभर ररग मम अखखल भसरतभय आययरवरजसन सवसथसन, सवजय गसगधभ आययरवरजसन सवसथसन लखनऊ/ एस०जभ०पभ०जभ०आई० ससफई, रकव ग जसजर ममरडकल कसलमज एवव समसन सरकसरभ घररषत रचरकतसस रवशरवदसलय/ सवसथसन और पभ०जभ०एच०एस० रनजभ रचरकतससलय जर रसषषभय पतयसयन बरडर (National Accreditation Board for Hospitals) दसरस मसनय हरनम, सम उपचसर चल रहस हर अथवस उपचसर करसयस गयस हर, दसरस रनगरत रचरकतसस पमसण पत जर रचरकतससलय कम रचरकतससखधकसरभ दसरस हसतसकररत तथस रचरकतससलय कम रचरकतससधभकक दसरस परत हसतसकररत एवव कसयररत जनपद कम मयखय रचरकतससखधकसरभ दसरस परत हसतसकररत हरनम पर हभ यह लसभ दमय हरगस। " 4. It is argued that large number of teachers whose name is contained in the aforesaid list have already been relieved and joined their transferred post but till date no decision has been taken in the matter. Insofar as the present petitioners are concerned, it is further argued that in this regard various representations were made by the petitioners before the authorities but till date no decision has been taken, hence the present writ petition. 5. On the other hand, Smt. Archana Singh, learned counsel appearing on behalf of Respondent No. 2 argued that the respondent No. 2 will take a decision in the matter, expeditiously. 6. In this view of the matter, the present writ petition is disposed of finally permitting the petitioners to submit separate fresh representations before the Respondent No. 2, Secretary, U.P. Basic Education Board, Prayagraj within a period of three weeks from today. If it is so, the Respondent No. 2 will take a decision in the matter, most expeditiously and preferably within a period of four weeks from the date of representation before him. Order Date :- 28.2.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad