PRATIBHA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. BASIC EDUCATION LKO. AND 4 OTHERS
WRIA/4813/2025 · 2025-05-02
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137801 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137801 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25340 Court No. - 3 Case :- WRIT - A No. - 4813 of 2025 Petitioner :- Pratibha Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Basic Education Lko. And 4 Others Counsel for Petitioner :- Ashwini Kumar Tripathi,Aditya Kumar Pandey Counsel for Respondent :- C.S.C.,Pradeep Tiwari,Ran Vijay Singh,Rishabh Tripathi Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Ashwini Kumar Tripathi, learned counsel for the petitioner, Sri Daya Shankar Tiwari, learned Addl. Chief Standing Counsel for opposite parties No.1 & 2, Sri Ran Vijay Singh, learned counsel for opposite party No.3, Sri Pradeep Tiwari, who has accepted notice for opposite party No.4 and Sri Rishabh Tripathi, learned counsel for opposite party No.5. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
" (i) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite parties especially the opposite party No.3 i.e. Secretary U.P. Basic Education Board, Prayagraj to consider the transfer of the petitioner from the district Sitapur to the District Lucknow under the special circumstances under the Rule 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008, in the interest of justice."
3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 12.02.2025 (Annexure No. 4) to the competent authority but to no avail. He has further submitted that the petitioner is ready to prefer a fresh representation to the Competent Authority, therefore, he may be permitted to prefer a fresh representation to the opposite party No.3 i.e., the Secretary, U.P. Basic Education Board, Prayagraj and a
direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 5.
Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.3 i.e., the Secretary, U.P. Basic Education Board, Prayagraj ventilating her grievance taking all pleas and grounds which are available with her enclosing therewith the copy of her earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of three weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 6. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 2.5.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench