Neutral Citation No. - 2025:AHC:141396 Court No. - 52 Case :- WRIT - A No. - 11137 of 2025 Petitioner :- Shivani Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- Akanksha Sharma,C.S.C.,Jay Prakash Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the petitioner, Mr. Jay Prakash Singh, learned counsel for respondent no. 3 and Ms. Akanksha Sharma, learned counsel for respondent no. 4. 2. The instant petition has been filed for following reliefs:- "I. Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 25.06.2025 passed by District Basic Education Officer, Saharanpur, whereby the petitioner has been temporarily attached to Primary School/Composite School Jambugarh, Block Nanauta, District Saharanpur, in contravention of the mural transfer policy; II. Issue a writ order or direction in the nature of mandamus directing the respondent no. 3, the District Basic Education Officer, Saharanpur to forthwith post the petitioner as Assistant Teacher in her mutually transferred school, namely Primary School Sawantkheri, Block Rampur Maniharan, District Saharanpur, in accordance with Clause 3 of the Circular dated 19.06.2024 and the directive of the Secretary of the Board dated 13.06.2025; III. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to release and pay the regular monthly salary and allowances to the petitioner, and further to pay the arrears of salary and allowances with interest from 21.06.2024, i.e., the date on which she joined in District Saharanpur;" 3. On 06.08.2025 following order was passed by this Court:- " Grievance of the petitioner is that, in view of relevant circulars, her mutual transfer was made from Moradabad to Saharanpur by order dated 19.06.2024 and she was relieved on 20.06.2024 to join at the transferred place. She had to join, in lieu of transfer, at the place where one Lokendra Kumar (respondent no. 5) was working as Assistant Teacher, however, there were some disciplinary proceedings against respondent no. 5, which culminated in his termination. Said termination order was challenged in a writ petition by respondent no. 5, which was allowed in his favour. Some advice appears to have been given to prefer a special appeal against the order of writ court, and the petitioner is not being permitted to join at the transferred place on the plea that the matter will be considered after decision in the special appeal, though no special appeal has been preferred, as yet. Learned counsel for the petitioner submits that inaction on the part of the respondent authorities is in violation of circulars issued from time to time as the petitioner, who has been transferred on mutual ground, should be permitted to join her services at the transferred place. Mr. Jay Prakash Singh, learned Advocate appears on behalf of B.S.A., Saharanpur / respondent no. 3 and Ms. Akanksha Sharma, learned Advocate has put in appearance for respondent no. 4 ? B.S.A., Moradabad. Mr. Jay Prakash Singh, learned counsel for respondent no. 3 is granted ten days' time to obtain instructions in the matter. Put up this case on 19th August, 2025, as fresh." 4. On the basis of instructions, learned counsel for contesting respondent, Basic Education Officer, informs that respondent no. 3 has passed an order and permitted the petitioner to join at her mutually transferred school i.e. Primary School Sawantkheri, Block Rampur Maniharan, District Saharanpur 5. On the aforesaid, learned counsel for the petitioner could not dispute, however, he submits that prayer no. 3, regarding payment of salary and allowances has not been looked into. 6. Learned counsel for the respondent no. 3, submits that in case petitioner moves fresh application/representation before the competent authority, regarding the aforesaid pending grievance, the same shall be considered and decided in accordance with law. 7. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may make fresh application/representation, ventilating all his grievances, supported by such documents, as may be advised, before the respondent no.3 within two weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of four weeks from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 19.8.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad