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2025 DAILYLAW 93384 (ALL)

NALIN SINGH v. STATE OF U.P. AND 3 OTHERS

WRIA/13385/2025 · 2025-09-08

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13385 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard Mr. Navin Kumar Sharma, learned counsel for the petitioner, Mr. Kushmondeya Shahi, learned counsel for respondent-B.S.A. as well as learned Standing Counsel for the State. The instant writ petition has been filed with the following prayers :- "(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to cancel the intra-district transfer of the petitioner pursuant to the government order dated 23.05.2025. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to join on the post of Assistant Teacher in her earlier school i.e. Composite School-Kareha, Block-Karchhana, District Prayagraj or in any other Primary School in Block-Karchhana, District Prayagraj." Brief facts of the case are that the petitioner was selected as Assistant Teacher in Primary School and accordingly appointment letter was issued on 7.11.2015 and she submitted her joining on 14.11.2015. The petitioner applied for inter-district transfer from District- Pratapgarh to the place in District- Prayagraj, where her husband and in-laws were residing. She was transferred and accordingly, she joined her services in District- Prayagraj on 4.2.2021. After her transfer at Prayagraj, she was allotted Composite School- Kareha, Block- Karchhana, District- Prayagraj vide letter dated 12.2.2021 wherein, she joined on 13.02.2021. In pursuance of the Government Order dated 23.5.2025, issued for the Versus Counsel for Petitioner(s) : Navin Kumar Sharma Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi Nalin Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) purpose of intra-district transfer, the petitioner moved an online application, filling up the options. The list was published on 30.6.2025, wherein the petitioner's name was placed at serial no.15887, whereby she was transferred from Composite School- Kareha, Block- Karchhana, District- Prayagraj to Primary School-Ghore Deeh, Block- Karchhana, District- Prayagraj. On 1.7.2025, another list of transferred teachers was issued by the respondent no.4, in which the petitioner's name was placed at serial no.196. On 2.7.2025, the petitioner represented her matter before the respondent no.4 stating that she is not willing to join her services at Primary School- Ghore Deeh, Block- Karchhana, District- Prayagraj and also mentioned that the name of the said school was opted in her application by the mistake of the person at cyber cafe who submitted the online application of the petitioner. Despite several reminders, no orders have been passed till date, therefore, the present petition has been filed. Learned counsel for the petitioner submits that the grievance of the petitioner has not been looked into, despite mentioning that the school where she has been transferred has been wrongly mentioned due to mistake of the person at the cyber cafe. He further submits that the school in which the petitioner has been transferred has surplus teachers and an oral submission has also been made that the present school in which the petitioner was working till date had also surplus teachers. He next submits that the said government order mentions about intra-district transfer by consent and any teacher who has moved an online application, cannot be forced to join at the transferred place in case he/she is not willing to join at the transferred place. Thus, the transfer of the petitioner is in violation of the relevant government order, therefore, a direction may be issued to the authorities concerned to consider the representation of the petitioner, in accordance with the aforesaid government order. Learned counsel for respondents on the basis of oral instructions submits that there is no illegality in the transfer of the petitioner as her willingness has been shown by filling up the online application. He further submits that the representation has been given much after publication of the transfer list, taking a new ground of mistake made on the part of the WRIA No. 13385 of 2025 2 person at the cyber cafe in filling up the options, which cannot be looked into at this stage. The transfer list is published in accordance with the guidelines as given in the relevant government order and the authorities have accordingly informed that there is no illegality in the transfer of the petitioner at the said place. Learned counsel for the respondents further contends that the guidelines as given in the said government order has been wrongly interpreted by learned counsel for the petitioner as the petitioner cannot refuse to join at the transferred place after publication of transfer list on the ground of not finding it convenient for her, therefore, the petitioner is not entitled for the relief as prayed. In view of the settled position of law, once an online application is moved and the petitioner is transferred at one of the places as mentioned in the application, the petitioner has to join at the transferred place. Even otherwise, the petitioner has already joined at the transferred place, therefore, nothing remains. In view of the aforesaid, the present petition is dismissed, accordingly. September 9, 2025 Kalp Nath Singh WRIA No. 13385 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad