Aneesa vs State of U.P. & Others

Devendra Kumar Arora, J.

Heard learned counsel for the parties and perused the record.

By means of this writ petition, the petitioner has prayed for a writ in the nature of certiorari for quashing of the transfer order and the relieving order with regard to the petitioner''s transfer from Govt. Girls Inter College, Haidargarh, Barabanki to Govt. Inter College, Subeha, Barabanki.

Submission of learned counsel for the petitioner is that the petitioner is a widow lady and was appointed as Junior Clerk on 01.11.1993 in Govt. Girls Higher Secondary School, Shukla Bazar, Sultanpur under Dying in Harness Rules. On 01.9.2008 petitioner was promoted on the post of Senior Clerk and was transferred on 07.11.2008 to Govt. Girls Inter College, Haidargarh as Head Clerk. Again, she was transferred from there to Govt. Girls Inter College, Pokhara, district Barabanki vide order dated 20.3.2009. Further, on 04.12.2009 the petitioner has been transferred as Head Clerk from Govt. Girls Inter College, Pokhra, Barabanki to the Govt. Girls Inter College, Haidargarh, Barabanki.

Further submission of learned counsel for the petitioner is that vide order of the Director dated 27.11.2009 one Sri Adil Naseem has been sent on transfer from Shrawasti to Govt. Girls Inter College, Haidergarh and just to accommodate Sri Adil Naseem, the petitioner is again being transferred to Govt. Inter College, Subeha, Barabanki.

The petitioner in order to ventilate her grievance, has made representation on 21.12.2009 (Annexure No. 3 to the writ petition) to the opposite party no. 4 but no action has been taken so far.

Learned counsel for the petitioner restricts his prayer that necessary directions be issued to the opposite party no. 4 to consider and decide the representation of the petitioner within the stipulated period fixed by this Court.

Learned Standing Counsel submits that since transfer order of Sri Adil Naseem has been issued in pursuance of the order dated 25.11.2009 of the State Government, the petitioner should approach for redressal of her grievance to the Principal Secretary, Secondary Education, Government of U.P.

After considering the facts and circumstances of the case and considering the request of the petitioner, it is hereby directed that the petitioner will make 2. afresh representation to the Principal Secretary, Secondary Education, U.P., Lucknow alongwith the certified copy of this order for redressal of her grievance within seven days from today and the same will be considered and disposed of by the Principal Secretary, Secondary Education, U.P., Lucknow within the period of two weeks from the date of receipt of such representation of the petitioner. The decision so taken, be also communicated to the petitioner.

With these observations, this writ petition is disposed of finally.