Smt Archana Saxena v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 16755 of 2023 Petitioner :- Smt Archana Saxena Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arjun Singh Solanki,Prakhar Tandon Counsel for Respondent :- C.S.C Hon'ble Vikas Budhwar,J. On the oral request of learned counsel for the writ petitioner, he is permitted to implead "Additional Director (Rajkiya), U.P. at Allahabad (Prayagraj) sixth Respondent. Heard Sri Prakhar Tandon, learned counsel for the petitioner and Sri R.P. Dubey, the learned Addl. Chief Standing Counsel, who appears for Respondents 1 to 5. The case of the writ petitioner is that he was initially appointed as Assistant Teacher in Rajkiya Kanya Inter College, Kasganj (Etah) on 08.05.1995 and thereafter promoted on 11.12.2009 as Lecturer. Thereafter the writ petitioner was further promoted as Head Master and he is working in Rajkiya Balika High School, Nagla Yadkaran, Block Amanpur (Akankshi) District Kasganj. Pursuant to the Transfer Policy dated 22.06.2023, applications were sought for transfer. The writ petitioner claims to have submitted online application and Government Orders issued from time to time, he seeks transfer to the Institution being a Rajkiya Balika High School, Bhitauna, Kasganj. Prayer in the present petition is for a direction to the respondents to consider the claim of the petitioner for transfer strictly in accordance with law. Sri R.P. Dubey, learned Addl. Chief Standing Counsel submits that the issue which the writ petitioner seeks to raise needs determination at the first instance by the sixth respondent and he further submits that he does not propose to file any response to the writ petition. To such a submission, learned counsel for the writ petitioner has no objection and he gracefully accepts the same. Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to approach the sixth respondent, along with a comprehensive representation accompanied with self-attested copy of the writ petition, who shall, on the receipt of the same, proceed to consider the claim of the writ petitioner within a period of two months from the date of production of certified copy of the order. Needless to point out that the writ petitioner has been decided without seeking any response from the respondents, thus passing of this order may not be construed to an expression that this Court has adjudicated the matter on merits. With the aforesaid observations the writ petition stands disposed off. Order Date :- 20.11.2023 N.S.Rathour High Court of Judicature at Allahabad