ALLAHABAD HIGHCOURT, TRANSFER : समायोजित शिक्षा मित्रों के स्थानांतरण को वैध ठहराते हुए , सचिव बेसिक परिषद और जिला बेसिक शिक्षाधिकारी इलाहाबाद के स्थानान्तरण रोक के आदेश पर माननीय उच्च न्यायालय ने लगाया रोक, यहीं क्लिक कर आदेश देखें ।

ALLAHABAD HIGHCOURT, TRANSFER : समायोजित शिक्षा मित्रों के स्थानांतरण को वैध ठहराते हुए , सचिव बेसिक परिषद और जिला बेसिक शिक्षाधिकारी इलाहाबाद के स्थानान्तरण रोक के आदेश पर माननीय उच्च न्यायालय ने लगाया रोक, यहीं क्लिक कर आदेश देखें ।

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 7

Case :- WRIT - A No. - 37352 of 2016

Petitioner :- Shiv Pujan Singh And 5 Ors.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Vivek Kumar Singh,Sri Bhagwati Prasad Singh
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav

Hon'ble Manoj Misra,J.
Heard Sri Bhagwati Prasad Singh, learned senior counsel, assisted by Sri Vivek Kumar Singh for the petitioners; learned Standing Counsel for the respondent no.1; and Sri A.K. Yadav for the respondents 2 and 3.
The controversy involved in the present petition is identical to that in Writ A No. 35944 of 2016 in which, today, the following order has been passed:-
"Heard Sri Radha Kant Ojha, learned senior counsel assisted by Sri Shivendu Ojha for the petitioner, learned Standing Counsel for the respondent no.1 and Sri A.K. Yadav for respondents 2 and 3.
The present writ petition has been filed challenging an order dated 29th July, 2016, passed by Zila Basic Shiksha Adhikari, Allahabad, by which earlier transfer order which was passed, has been cancelled on some oral direction of the Secretary, U.P. Basic Shiksha Parishad, Allahabad.
Upon hearing the submissions of the learned counsel for the parties, on 04.08.2016, the following order was passed:-
"The issue that is involved in the present writ petition is whether intra-district transfer of the petitioner which was made with the approval of the Secretary, U.P. Basic Shiksha Parishad was in any way illegal or not because by subsequent order dated 29th July, 2016 the said transfer has been cancelled on oral direction of the Secretary, U.P. Basic Shiksha Parishad.
Sri A.K. Yadav, who represents the respondent nos.2 and 3, prays for and is allowed three days time to seek instruction.
Put up, as fresh, on Wednesday i.e. 10th August, 2016."
Thereafter, on 19.08.2016, Sri A.K. Yadav had produced a letter dated 17th August, 2016 issued by the Secretary, U.P. Basic Education Board, Allahabad to the District Basic Education Officers of various districts of the State from which it appeared that the impugned order was passed because the matters were being examined by the Apex Court, therefore, to ensure that status quo is maintained pending hearing of the matters before the Apex Court, the earlier transfer/posting orders were cancelled. Accordingly, on 19.08.2016, this Court passed the following order:-
"Sri A.K. Yadav has produced a letter dated 17th August, 2016 issued by the Secretary, U.P. Basic Education Board, Allahabad to the District Basic Education Officers of various districts of the State, which discloses the reason for passing the impugned order.
It appears that as matters were being examined by the Apex Court therefore to ensure that status-quo is maintained, the impugned order has been passed cancelling the earlier posting order. As to what specific order has been passed by Hon'ble Apex Court in reference to the context therefore needs to be examined.
Sri A.K. Yadav, who appears on behalf of respondents 2 and 3, prays for and is allowed two days time to bring on record the various orders passed by Hon'ble Apex Court on the issue in question.
Put up, as fresh, on Monday i.e. 22nd August, 2016."
Pursuant to the order dated 19.08.2016, a bunch of interim orders passed by the Apex Court were produced.
Learned counsel for the parties very fairly stated that the interim orders that have been passed by the Apex Court do not place any restriction on transfer/posting.
Prima facie, this Court does not find that there is any good reason to cancel the earlier transfer/posting order, as has been done by the impugned order dated 29th July, 2016.
At this stage, Sri A.K. Yadav, who represents the respondents 2 and 3 and is also Standing Counsel representing the State of U.P., prays for and is allowed four weeks time to file counter-affidavit.
In view of the above, let this matter be listed after six weeks. In the meantime, the parties shall exchange their affidavits.
Till the next date of listing, the effect and operation of the order dated 29th July, 2016 passed by the Zila Basic Shiksha Adhikari, Allahabad, shall remain stayed. It is, however, observed that this interim order would be subject to any order that may be passed by the Apex Court in the pending appeals."
In view of the above, let this matter be listed along with Writ A No. 35944 of 2016 immediately after expiry of six weeks. In the meantime, the parties shall exchange their affidavits.
Till the next date of listing, the effect and operation of the order dated 29th July, 2016 passed by the Zila Basic Shiksha Adhikari, Allahabad, shall remain stayed. It is, however, observed that this interim order would be subject to any order that may be passed by the Apex Court in the pending appeals.
Order Date :- 22.8.2016
Sunil Kr Tiwari