SHASHI DUTT PANDEY Vs. BALESHWAR TYAGI

JUDGEMENT

(1.) The appellant, an employee of U. P. Basic Shiksha Parishad was transferred from district Ballia to district Gonda by the order dated 8.2.1999 passed by Secretary, U. P. Basic Shiksha Parishad, Allahabad. This order was challenged by him by filing Writ Petition No. 15098 of 1999, which was dismissed by a learned single Judge on 15.7.1999. Feeling aggrieved by the dismissal of the writ petition, the appellant has preferred this special appeal.

(2.) Sri Dinesh Dwivedi has submitted that the appellant was appointed as Assistant Clerk in Zlla Parishad. Ballia on 4.7.1967 and after the enforcement of U. P. Basic Education Act, 1972, he became an employee of U. P. Basic Shtksha Parishad. Thereafter, he could not be transferred to any place outside Ballia. The relevant parts of subsections (1) and (3) of Section 9 of U. P. Basic Education Act. 1972, read as follows :

(3.) Sub-section (3) of Section 9 of the Act is a complete answer to the submission made by the learned counsel for the appellant. It clearly provides that after the appointed day, any teacher, officer or an employee of a Zila Parlshad, who becomes an employee of the Board, can be transferred from one local area to another local area. Therefore, the transfer of the appellant from Ballla to Gonda is clearly permissible under the provisions of the Act by which he is governed.