Allahabad High Court
Smt. Malti Devi vs State Of U.P. And Others on 2 April, 2010
Author: Sunil Ambwani
Bench: Sunil Ambwani
1
Judgment reserved on 25.1.2010
Judgment delivered on 2.4.2010
CIVIL MISC. WRIT PETITION NO. 4572 OF 2007
Smt. Malti Devi vs. State of UP and others
Hon'ble Sunil Ambwani, J.
Heard Shri Girish Chandra Yadav, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Ram Kirti Singh appears for the respondent no. 6.
The petitioner Smt. Malti Devi was appointed as Assistant Teacher in Anusuchit Jati Primary Pathshala Charan Raj Pokhare Chiraiya Kot, District Azamgarh in the year 1982. It is stated by her in para-3 of the writ petition that she was transferred from Chiraiyakot to Girdharpur and again from Girdharpur to Badi Korauli Saraimeer in 1983. She was lastly transferred from Badi Korauli to Mudiyar in place of Shri Ram Awadh Ram and started functioning as Head Mistress after the retirement of Shri Ram Awadh Ram on 30.6.2004 after session's benefit.
It appears that Shri Ram Awadh Ram continued to interfere in the affairs of the institution even after his retirement. The District Social Welfare Officer, Azamgarh forwarded petitioner's application on 30.3.2005 to Incharge Inspector Kotwali, Phoolpur, Azamgarh to restrain Shri Ram Awadh Ram from interfering in the teaching and distribution of mid day meal in the school. After about one year on 17.7.2006 Shri Raghunath made an application on 'Janta Diwas' to the District Social Welfare Officer alleging that the teaching work was not carried out in the School efficiently, and that the petitioner is a quarrelsome lady. An inspection was earlier carried out in the school on 27.1.2006 in which the Deputy Director, Social Welfare, Azamgarh Region, Azamgarh found that the attendance of the students in the school is very poor. The petitioner had manipulated the attendance register of the teachers and students. He recommended that the petitioner's salary be stopped. The Deputy Director also found that the petitioner's transfer to the institution was irregular.
The petitioner has prayed for quashing the inspection report and the recommendations of her transfer.
2Learned counsel for petitioner submits that Shri Ram Awadh Ram has superannuated but is still interfering in the affairs of the institution. He has not handed over the records of the institution to the petitioner. The Deputy Director in his report dated 27.1.2006 had found that Ram Awadh retired Headmaster was still keeping the records of the school with him. The recommendations to stop petitioner's salary and to transfer her was actuated by the malafides with the interference of Shri Ram Awadh.
Shri Visheshawar Singh, Deputy Director, Social Welfare, Azamgarh Region, Azamgarh has stated in the counter affidavit that the petitioner's transfer order dated 2.2.1988, was illegal and in valid. All the institutions under the District Social Welfare Officer are running independently and there is no provision for transfer. The Deputy Director, Social Welfare and District Social Welfare Officer had cancelled the transfer order of the petitioner vide office memo dated 23.4.2004, as well as the letter dated 8.12.2005. In paragraph-4 of the counter affidavit the contents of paragraph-3, that she was transferred from Dharamdas Ka Pokhara Chiraiya Kot Mau to some other Pathashala is denied. It is further stated that the dispute between Ram Awadh and the petitioner has no concern with her transfer order. In the inspections, it was found that the petitioner had manipulated the attendance register. The attendance of the students was very low and that the petitioner was not managing the school properly. After the retirement of Shri Ram Awadh the charge was given to Shri Bhrigunath, Assistant Teacher on 7.3.2006. The petitioner was insisting upon handing over charge to her. After cancellation of her transfer she could not be handed over the charge of the school.
The circular letter of the Director, Harijan and Samaj Kalyan dated 27.3.1987 annexed as Annexure-1 to the counter affidavit shows that at that time there were 492 educational institutions running in the State for the benefit of the Scheduled Caste students out of which 295 were primary schools. All these institutions are independent institutions with no provision of transfer. The Director had issued the instructions that the teachers receiving salary from government account were required to maintain their provident fund account with the treasury and not in the post office.
3It appears that the petitioner was transferred by the order of District, Harijan and Samaj Kalyan dated 13.7.1983 from Girdharpur to Badi Korauli before the orders were issued by the Director, Harijan and Samaj Kalyan, Uttar Pradesh clarifying that the institutions are independent institutions and that inter-se transfer is not permissible. The petitioner's transfer to Mudiyar was in teeth of the directions of the Director, Samaj Kalyan prohibiting such transfers. On the retirement of Shri Ram Awadh, the charge of the institution was handed over to Shri Bhrigunath and that by letter dated 17.7.2006 the petitioner Smt. Malti Devi was required to comply with the orders of Deputy Director, Samaj Kalyan, Azamgarh Region, Azamgarh.
From the pleadings it is apparent that after petitioner's illegal and irregular transfer to Primary Pathashala Mudiyar, Azamgarh. Shri Ram Awadh did not accept her as Assistant Teacher in the institution and that on his retirement he allowed Shri Bhrigunath to take over charge. In between Smt. Malti Devi was insisting upon running the school as Head Mistress. The dispute was decided by the Deputy Director, Samaj Kalyan by his order dated 15.7.2006, on which Smt. Malti Devi was required to go back to the school from where she was transferred. Even otherwise the Deputy Director had found in his inspection that she was not carrying out her duties properly and had manipulated the attendance register.
There is no good ground made out to interfere with the impugned order. The Director, Samaj Kalyan had clarified by his circular letter dated 27.3.1987 that all the primary schools running for the benefit of scheduled caste students from the government funds were independent units and that the inter-se transfer between these schools was not allowed. The petitioner's transfer after the clarification dated 27.3.1987 in the year 1988, was not a regular transfer and thus she did not have a right to take over as Head Mistress at Anusuchit Primary Pathshala at Mudiyar, Block Mirzapur, Tehsil Nizamabad in District Azamgarh and to run the school.
The writ petition is dismissed.
Dt.2 .4.2010 RKP