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2025 DAILYLAW 154636 (ALL)

ARTI JOSHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. U.P. BASIC EDUCATION LKO. AND 5 OTHERS

WRIA/6727/2024 · 2025-01-10

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1884 Court No. - 5 Case :- WRIT - A No. - 6727 of 2024 Petitioner :- Arti Joshi Respondent :- State Of U.P. Thru. Addl. Chief Secy. U.P. Basic Education Lko. And 5 Others Counsel for Petitioner :- Ram Mohan Mishra Counsel for Respondent :- C.S.C.,Anshuman,Gaurav Vishwakarma,Net Ram,Rakesh Kumar Chaudhary,Ran Vijay Singh Hon'ble Abdul Moin,J. 1. Heard Sri Nitin Kaushik, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no.1, Sri Ran Vijay Singh, learned counsel for respondent no.2, Sri Net Ram, learned counsel for respondents no.3, 4 and 5, and Sri Rakesh Kumar Chaudhary, learned counsel for respondent no.6. 2. At the very outset, Sri Kaushik, learned counsel for the petitioner, states that he does not intend to press on with the petition but prays that considering the various medical ailments with which the young child of the petitioner is suffering and which requires intermittent medical treatment which also includes hospitalization as such he prays that the competent authority may consider the claim of the petitioner for transfer on sympathetic grounds considering the provisions of Rule 8(2) (d) of the Uttar Pradesh Basic Education (Teachers)(Posting) Rules, 2008 within a specified time. 3. To the aforesaid prayer, learned counsels appearing for the respondents have no objection. 4. Considering the aforesaid, the writ petition is disposed of without interfering with the orders impugned leaving it open to the petitioner to submit an application for her transfer within a period of two weeks from today under aforesaid rules to the competent authority. In case such an application is made, the competent authority shall proceed to consider the same in accordance with law and relevant rules sympathetically which application would be decided within a period of six weeks from the date of submission of the said application. Order Date :- 10.1.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench