KUL BHUSHAN MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners in the present writ are Assistant Teacher working in Primary Institution run by the District Basic Education Board. Petitioner No. 1 was appointed by District Basic Education Officer, Kaushambi on 10/3/2019 and is posted in Block Nevada, District Kaushambi. Petitioner No. 2 is appointed as Assistant Teacher in Block Dhanupur, District Prayagraj. Petitioner No. 1 claims to be a resident of District Prayagraj; where petitioner no. 2 is a resident of District Fatehpur. Both the petitioners are desirous of seeking inter-district transfer. They have approached this Court challenging Clause 1 and 15 of the Government Order dtd. 2/6/2023 as well as the consequential circular issued by the Secretary, Board of Basic Education, dtd. 8/6/2023. A further prayer is made to command the respondents to entertain their application for inter-district transfer without imposing condition of five years service in the concerned district and to grant approval to their transfer in accordance with Rule 21 of the U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as 'the Rules of 1981').

(2.) It is not in dispute service conditions of both the petitioners are regulated by the Rules of 1981. Rule 21 provides for transfer, which is extracted hereinafter:-

(3.) In addition to the Rules of 1981, the respondents have made U.P. Basic Education (Teachers)(Posting) Rules, 2008 (hereinafter referred to as 'the Rules of 2008'), exercising the powers contained in Sec. 19(1) of the U.P. Basic Education Act, 1972 (hereinafter referred to as 'the Act of 1972'). Rule 8 of the Rules of 2008 is relevant and is reproduced hereinafter:-