ASHWANI KUMAR KATIYAR v. STATE OF U.P. AND 3 OTHERS
WRIA/5390/2025 · 2025-04-24
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48004 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48004 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63524 Court No. - 6 Case :- WRIT - A No. - 5390 of 2025 Petitioner :- Ashwani Kumar Katiyar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Navin Kumar Sharma, learned counsel for petitioner and Mrs. Archana Singh, Advocate for Respondents-2 and 4. 2. Claim of petitioner for intra-district transfer was rejected by impugned order assigning reasons that no transfer can be made in mid-term as well as petitioner will have an opportunity to file online application under new transfer policy. 3. Learned counsel for Respondents-2 and 4 submits that similar view has been upheld by a Division Bench of this Court in Rohit Mishra vs. State of U.P. and others, 2025:AHC:58750-DB and relevant part of the judgment is reproduced hereinafter:
“3. Having examined the issues raised in the matter, we find that the cadre of service to which the appellant belongs is a district level cadre. Transfer from one district to another is permissible in terms of Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981. Rule 21 reads as under:-
"21. Procedure for transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board shall be necessary."
4. It has been the consistent policy of the Education Department to come out with transfer policy for each year and learned Single Judge has already made it open for the appellant to apply for such transfer as and when the online applications are entertained. 5. We find the view taken by the learned Single Judge to be absolutely reasonable, inasmuch as, a teacher has no indefeasible right to claim transfer only on the ground
that his mother is suffering from illness. Such an exigency may occur with large number of teachers.”
4. I have considered the above submission. No ground is made out by learned counsel for petitioner to interfere with impugned order. Accordingly, in view of Rohit Mishra (supra), no interference is required.
However, petitioner will have a liberty to file online application in terms of new transfer policy. 5. With aforesaid observation, the writ petition is disposed of. Order Date :- 25.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad