PARVATI JOSHI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD Sri K.N. Joshi, the learned counsel for the petitioners and Sri Subhash Upadhyaya, the Brief Holder for the State of Uttarakhand.

(2.) THE petitioners were appointed as Assistant Teaches and were posted in various primary schools. The respondents created two cadres, namely, rural cadre and urban cadre, and invited applications from the teachers, who were interested in the urban cadre. The respondents indicated that if the teachers opt for the urban cadre, they would lose their seniority and that if they join the urban cadre, they would be placed at the bottom of the seniority list of urban cadre. The petitioners opted for the urban cadre and, the respondents, by orders dated 21st July, 1988 and 12th August, 1988 posted the petitioners in the urban cadre. The petitioners jointed and were placed at the bottom of the seniority list of urban cadre. This procedure was also in consonance with Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred as Rules of 1981). For ready reference Rule 21 and 22 of the Rules of 1981 are quoted hereunder : -

(3.) A perusal of the aforesaid rules indicate that once a person has been transferred from one rural local area to another he cannot be transferred back to the rural area, except on the own request of the person or with the consent of that person. Rule 22 also provides that the person would lose his seniority when he is transferred from one cadre to another cadre.