JAGDISH PRASAD Vs. DIRECTOR, BASIC EDUCATION

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, present petition is taken up for final disposal at preliminary stage, in view of the fact that only question of law is involved in the matter and facts are not in dispute.

(2.) UNDISPUTEDLY , petitioners were posted as Assistant Teachers in Government Junior High School, Kargi Grant, Raipur, Dehradun. In the year 2000, Municipality of Dehradun was upgraded to Municipal Corporation and village Kargi Grant was included within the territory of Municipal Corporation, Dehradun. Undisputedly, prior to inclusion of village Kargi Grant, Raipur in Municipal Corporation, Dehradun, it was considered as rural local area being village. Therefore, Government Junior High School, Kargi Grant, Raipur was also being considered as rural local area school. However, after inclusion of village Kargi Grant within the territory of Municipal Corporation, Dehradun, Government Junior High School, Kargi Grant, Raipur also came in the category of urban local area school.

(3.) AS per Rule 21 of 1981 Rules, there shall be no transfer of any teacher from the rural local area to an urban local area or vice versa.