Neha v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 13700 of 2023 Petitioner :- Neha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Dev Prakash Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Archana Singh Hon'ble Manjive Shukla,J.

¶1Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondent No. 1 as well as Smt. Archana Singh, learned counsel appearing for the Respondents No. 2, 3 & 4.

¶2Petitioner has filed this writ petition for a direction from this court, thereby commanding the District Basic Education Officer, Chitrakoot to relieve her from District Chitrakoot pursuant to her inter district transfer order dated 26.6.2023 passed by the Secretary, U.P. Basic Education Board, Prayagraj.

¶3This court passed a detailed order on 9.10.2023 and directed the respondents to relieve the petitioner from District Cjhitrakoot for her joining on the post of Assistant Teacher in District Kaushambi, ignoring the decision of the State Level Committee dated 5.9.2023.

¶4Smt. Archana Singh, learned counsel appearing for the Respondents No.2, 3 & 4 has produced before this court instructions provided by the Secretary, U.P. Basic Education Board, Prayagraj vide his letter dated 16.10.2023, wherein it has been stated that in compliance of this court's order dated

9.10.2023, the Secretary, U.P. Basic Education Board, Prayagraj vide his letter dated 16.10.2023 has issued direction to the District Basic Education Officer, Chitrakoot to forthwith relieve the petitioner for joining at District Kaushambi.

¶5Smt. Archana Singh, learned counsel appearing for the Respondents No. 2, 4 & 5, on the basis of the instructions received from the Secretary, U.P. Basic Education Board, Prayagraj, has given an undertaking before this court that the petitioner shall be relieved from District Chitrakoot latest by 26.10.2023 and she will be allowed to join in District Bulandshahar latest by 6.11.2023.

¶6Learned counsel appearing for the petitioner has submitted that since the Secretary, U.P. Basic Education Board, Prayagraj has already issued direction for relieving of the petitioner and learned counsel appearing for the Respondents No. 3 & 4 has given undertaking that the petitioner shall be relieved and shall be allowed to join at the place of her transfer, therefore, this writ petition may be disposed of in terms of the aforesaid undertaking.

¶7In view of the aforesaid submissions advanced by the learned counsels appearing for the parties and undertaking given by Smt. Archana Singh, learned counsel appearing for the Respondents No. 4 & 5 regarding relieving of the petitioner from District Chitrakoot and her joining in District Kaushambi, this writ petition is disposed of. Order Date :- 17.10.2023 n.u. High Court of Judicature at Allahabad