PUJA KUMARI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sharad Pathak, learned Counsel for the petitioner in leading petition, Shri Asit Chaturvedi, learned Senior Counsel assisted by Shri Ashwini Kumar, Shri Vivek Mishra, Shri Shrikant Mishra, Shri Vijay Dixit along with Shri Devam Shukla, Shri Ravi Shanker Tewari, Shri Prashant Kumar Singh, learned Counsel for the petitioners in connected writ petitions, Shri Ran Vijay Singh, learned Counsel representing the Board, Ms. Deepshikha, learned Chief Standing Counsel assisted by Shri D.P. Mishra, learned Additional Chief Standing Counsel for the State-respondents. A. Prelude

(2.) The common facts of these bunch of writ petitions lie in a narrow compass. The petitioners apparently claim to have been selected and posted as Assistant Teacher in Junior Basic Schools in various districts of the State of Uttar Pradesh as per the selection process prescribed under the U.P Basic Education (Teachers) Services Rules, 1981 (hereinafter referred to as 'Rules, 1981'). This Court may not be detained any further by incorporating unnecessary facts related to the place/district, where these Assistant Teachers are posted. Suffice to say that each of the petitioners in these bunch of writ petitions are desirous of seeking inter-district transfer in view of policy decision taken by the State vide Government order dtd. 2/6/2023, wherein Clause 12 (4) permits additional 10 quality points for all those teachers, whose spouse are in Government services.

(3.) Subsequently, the Board of Basic Education vide another order dtd. 16/6/2023, clarified the scope of the term 'Government Service' used in Clause 12(4) of the Government Order dtd. 2/6/2023, by explaining that as per Clause 8 of the order dtd. 16/6/2023, only those employees, who are governed by proviso to Article 309 of the Constitution of India, shall be considered to be a part of Government Service to avail the quality point marks as per Clause 12 (4) of the Government Order dtd. 2/6/2023.