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2025 DAILYLAW 167423 (ALL)

SWETA YADAV v. STATE OF U.P THRU. PRIN. SECY. DEPTT. BASIC EDUCATION AND 3 OTHERS

WRIA/11513/2025 · 2025-09-25

Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11513 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 2, Sri Ran Vijay Singh, learned counsel appearing on behalf of the respondent no. 3 and Sri Ravi Prakash Yadav, learned counsel for the respondent no. 4. 2. With the consent of learned counsels appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. The grievance of the petitioner is that the she had applied for her transfer in pursuance to the Government order dated 23.05.2025 seeking her transfer from Mirzapur to Ayodhya but the same has been rejected vide order dated 28.08.2025 on the ground that the petitioner did not apply online. 4. Learned counsel for the petitioner contends that petitioner had applied for her transfer to Ayodhya considering that she is a widow, her husband having died in a train accident on 26.07.2024 and she has got two children and she wants to reside with her parents who are residing at Ayodhya. 5. It is also contended that there is a specific provision for transfer in view of special circumstances of a lady teacher in Rule 8 (2) (d) of the Uttar Pradesh Basic (Teacher) (posting) Rules, 2008 (hereinafter referred to as "Rules, 2008"). It is prayed that the competent authority be directed to consider the claim of the petitioner in terms of the aforesaid rules within a Versus Counsel for Petitioner(s) : Meva Lal Yadav, Harshita Gupta Counsel for Respondent(s) : C.S.C., Ran Vijay Singh, Ravi Prakash Yadav Sweta Yadav .....Petitioner(s) State Of U.P Thru. Prin. Secy. Deptt. Basic Education And 3 Others .....Respondent(s) specified time. 6. Considering the aforesaid more particularly when the petitioner is a widow and wants to reside with her parents at Ayodhya, the writ petition is disposed of leaving it open to the petitioner to submit a representation for her transfer to Ayodhya to the competent authority who is said to be the Secretary, Basic Shiksha Parishad i.e the respondent no. 3 within two weeks from today. In case, such a representation is made then the respondent no. 3 shall proceed to consider and decide the same in accordance with law and considering the provisions of the Rules, 2008. 7. Let such a decision be taken within a period of four weeks from the date of receipt of the said representation along with a certified copy of this order. 8. The order impugned would be subject to the orders which are passed by the respondent no. 3 in pursuance to this order. September 25, 2025 Pachhere/- WRIA No. 11513 of 2025 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench