BEO, ALLAHABAD HIGHCOURT : खण्ड शिक्षा अधिकारियों के स्थानांतरण आदेश को तकनीकि खामी के कारण न्यायालय द्वारा निरस्त किये जाने के सम्बन्ध में आदेश जारी क्लिक कर देखें ।

BEO, ALLAHABAD HIGHCOURT : खण्ड शिक्षा अधिकारियों के स्थानांतरण आदेश को तकनीकि खामी के कारण न्यायालय द्वारा निरस्त किये जाने के सम्बन्ध में आदेश जारी क्लिक कर देखें ।

Court No. - 2
Case :- SERVICE BENCH No. - 14485 of 2017
Petitioner :- Mueen Ahmad
Respondent :- State Of U.P. Thru Prin.Secy.Deptt.Of Basic
Edu.Lko. & Ors.
Counsel for Petitioner :- Gaurav Mehrotra,Abhinav Singh
Counsel for Respondent :- C.S.C.,Manish Mishra
Hon'ble Shri Narayan Shukla,J.
Hon'ble Virendra Kumar-II,J.
As per direction of this Court, learned Standing Counsel has
received instructions and has submitted that petitioner's
services are covered under the provisions of U.P.
Subordinate Education(Deputy Inspector of Schools)
Services Rules, 1992(hereinafter referred to as, 'Rules,
1992'). As per rule 3 of Rules, 1992, petitioner's appointing
authority is Additional Director of Education(Basic), who
had issued the transfer order impugned, therefore, there is
no error in the order.
In reply Shri Gaurav Mehrotra, learned counsel for
petitioner has submitted that at the time of framing the
rules, aforesaid post of Deputy Inspector of Schools was
identified as Group-C post, which was upgraded later on to
Group-B post. That apart, since the transfer policy dated
13.05.2017 specifically provides that Group-B employees
shall be transferred by the Head of concerned department,
the same cannot be interpreted in terms of appointing
authority. We are informed that Director of Education
(Basic) is the head of the department.
In view of the aforesaid submission, we have examined the
matter and found that petitioner's transfer has been made
under the transfer policy dated 03.05.2017, in which the
Head of the concerned department has been authorized to
make transfer of the employees of Group-B posts. The
petitioner is admittedly Group-B employee, therefore, we
are of the view that transfer order issued by the Additional
Education Director (Basic), suffers from jurisdictional error. In the result, impugned transfer order is quashed with
liberty to the Head of concerned department to pass a
fresh order.
With the aforesaid observations, the writ petition stands
disposed of.
Order Date :- 7.7.2017
Mustaqeem
(Virendra Kumar-II, J.)
(Shri Narayan Shukla, J.)