SMT. PAVITRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BASIC EDUCATION U.P. LKO. AND 5 OTHERS
/11259/2025 · 2025-09-23
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166029 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11259 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J.
1. Heard learned counsel for the petitioner, Shri P.K.Singh, learned Additional Chief Standing Counsel for the respondents-State No.1 to 3, 5, Shri Ran Vijay Singh, learned counsel appearing for respondent No.4 and Shri Kumar Ayush, learned counsel appearing for respondent No.6.
2. At the very outset, learned counsel appearing for the petitioner states that although he has raised a challenge to the order dated 02.07.2023, a copy of which is Annexure-1 to the petition, yet he does not intend to challenge the same and prays that as the petitioner is Assistant Teacher who is suffering from Cancer as such respondent No.4 be directed to consider the claim of the petitioner for her transfer to some other district near NCR considering that petitioner's treatment of cancer is going on in Rajeev Gandhi Cancer Institute, New Delhi.
3. It is contended that in this regard there is specific provision under Section 8(2)(d) of the U.P. Basic Education (Teachers) (Posting) Rules,
2008.
4. To the aforesaid prayer, learned counsels appearing for the respondents have no objection.
5. Considering the aforesaid, the writ petition stands disposed of leaving it open to the petitioner to submit a representation for her transfer to some district near NCR in view of the medical condition and medical treatment Versus Counsel for Petitioner(s) : Mukteshwar Mishra, Poornendra Kumar Awasthi, Ravindra Pal Counsel for Respondent(s) : C.S.C., Kumar Ayush, Ran Vijay Singh Smt. Pavitra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education U.P. Lko. And 5 Others .....Respondent(s)
of the petitioner.
6. In case such a representation is made then the respondent No.4 shall proceed to consider and decide the same in accordance with law, which decision shall be taken within a period of four weeks from the date of submission of the representation alongwith certified copy of this order. September 23, 2025 prateek WRIA No. 11259 of 2025 2 (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench