Deepa Singh v. State of U.P. and 2 Others

Court No. - 36 Case :- WRIT - A No. - 14922 of 2023 Petitioner :- Deepa Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Yadav,Yashpal Yadav 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 and Smt. Archana Singh, learned counsel appearing for the Respondents No. 2 & 3.

¶2Petitioner through this writ petition has prayed for a direction from this court thereby commanding the respondents to consider the transfer of petitioner from district Rampur to district Saharanpur on the ground of her illness.

¶3Learned counsel appearing for the petitioner has submitted that in the recent exercise of inter district transfers petitioner submitted an online application for her transfer from district Rampur to district Saharanpur but due to inadvertent mistake she could not annex her medical certificate along with the application, therefore, petitioner's request for transfer has not been considered.

¶4Learned counsel appearing for the petitioner has further submitted that petitioner is suffering from cancer and her disease is at the forth stage and therefore, there is extraordinary circumstances, which warrants petitioner's transfer from district Rampur to district Saharanpur.

¶5Learned counsel appearing for the petitioner has argued that under Rule 21 of the U.P. Basic Education (Teachers) Services Rules 1981 and Rule 8(2) (d) of the U.P. Basic Education (Teachers) (Posting) Rules, 2008, Secretary, U.P. Basic Education Board, Prayagraj is competent to consider the case for inter district transfer of a teacher in the case where extraordinary circumstances, exist and in the case of petitioner since she is suffering with cancer of 4th stage, therefore, definitely her case can be considered and she can be transferred by exercising the powers conferred under the aforesaid rules.

¶6On the other hand Smt. Archana Singh though has opposed the writ petition but has submitted that if petitioner has real difficulty and actually she is suffering from cancer of the 4th stage then she can file a fresh representation before the Secretary, U.P. Basic Education Board, Prayagraj and there her grievance can be looked into and considered.

¶7In view of the aforesaid submissions, this writ petition is disposed of with liberty to petitioner to file a fresh representation, annexing therewith all the documents, before the Secretary, U.P. Basic Education Board, Prayagraj within a period of three weeks from today and if such representation is filed, Respondent No. 2 is directed to consider and decide the said representation by passing speaking and reasoned order within a period of one month thereafter.

¶8It is expected from Respondent No. 2 that he will consider the case of the petitioner sympathetically as she is suffering with the cancer of the 4th stage. Order Date :- 29.11.2023 Gaurav High Court of Judicature at Allahabad