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2025 DAILYLAW 51928 (ALL)

SHRAVAN KUMAR GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/5841/2025 · 2025-05-01

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70212 Court No. - 4 Case :- WRIT - A No. - 5841 of 2025 Petitioner :- Shravan Kumar Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Singh,Sanjay Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioners as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioners, who are contract employees appointed through service provider agency, are aggrieved by the order of transfer dated 17.04.2025 from one development block to another development block. The sheet-anchor of the arguments of learned counsel for the petitioners is that petitioners being contract employees, the contract being place specific, such contractual employees cannot be transferred from one development block for which the contract is entered to another development block. Learned counsel for the petitioners submits that in this regard previously matter had come to this Court and this Court in the case of Shekhar Pratap Singh & 7 Ors v. State of U.P. & 3 Ors, Writ - A No.12055 of 2022 stayed the transfer order only upon the plea taken upon by those very petitioners that contract employee cannot be transferred. Learned counsel for the petitioners had also argued that in the event rules do not provide for transfer of a contract employees from one block to another block, the authorities required to enter into an agreement fresh to transfer such employees by offering appointment to another block and that can be done only after sanction from State Government. Learned Standing Counsel on the contrary submits that these are the matters where the contract employees are directed to discharge duties under the District Basic Education Officer and in the event of any dispute it is taken to District Basic Education Officer, whose decision will be final. In the given facts and circumstances of the case, where the petitioners admittedly entered a contract with the respondent authority to discharge duty in a particular development block, it appears to be a genuine grievance raised before the court that they should not be transferred to another block. In the considered view of the Court, this matter requires consideration at the level of Director, Basic Education, U.P., Prayagraj. Let the petitioners implead Director, Basic Education, U.P., Prayagraj as one of the respondents forthwith in this petition. In view of the above, this petition stands disposed of with a direction to the petitioners to make a representation before the Director, Basic Education, U.P., Prayagraj against the transfer order within a period of two weeks from today along with the certified copy of this order and in the event such representation is moved by the petitioners, the same shall be considered and disposed of within a further period of six weeks. For a period of six weeks or till the decision taken by the authority, whichever is earlier, the effect and operation of the order dated 17.04.2025 shall remain stayed, if already not given effect to. Order Date :- 2.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad