Amita Pal v. State of U.P. and 4 Others

Court No. - 36 Case :- WRIT - A No. - 12912 of 2023 Petitioner :- Amita Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,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 Respondents No. 1 and 2 as well as Smt. Archana Singh, learned counsel appearing for the Respondents No. 3, 4 & 5.

¶2Petitioner has filed this writ petition for a direction from this court, thereby commanding the District Basic Education Officer, Balrampur to relieve her from District Balrampur 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 Balrampur for her joining on the post of Assistant Teacher in District Bulandshahar, ignoring the decision of the State Level Committee dated 5.9.2023.

¶4Smt. Archana Singh, learned counsel appearing for the Respondents No.3, 4 & 5 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, Balrampur to forthwith relieve the petitioner for joining at District Bulandshahar.

¶5Smt. Archana Singh, learned counsel appearing for the Respondents No. 3, 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 Balrampur 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. 4 & 5 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 Balrampur and her joining in District Bulandshahar, this writ petition is disposed of. Order Date :- 17.10.2023 n.u. High Court of Judicature at Allahabad