Allahabad High Court
Preeti Singh vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 21 December, 2022
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- WRIT - A No. - 8692 of 2022 Petitioner :- Preeti Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Raghvendra Kumar Singh Ii Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Raghvendra Kumar Singh-II learned counsel for petitioner as well as learned Standing Counsel for the respondents.
2. It has been submitted by learned counsel for petitioner that petitioner is working on the post of Lecturer (Home Science), District Institute of Education Training, Raebareli and has assailed the order of transfer dated 12.12.2022 whereby the petitioner has been transferred from DIET, Raebareli to DIET, Jaunpur.
3. Learned counsel for petitioner submits that petitioner is presently availing the maternity leave sanctioned by the Director General, School Education and the said leave would expire on 03.04.2023 according to the leave order dated 03.10.2022. It is stated that during the period the petitioner is on maternity leave, she has been directed to join at DIET, Jaunpur.
4. He further submits that present writ petition has been filed to ensure that in case the petitioner is unable to join looking into the fact that she is still on maternity leave, the respondents may take coercive methods against her in pursuance of the order of transfer. He further submits that petitioner has already preferred a representation dated 14.12.2022 to respondent No. 1 against the order of transfer which is pending consideration.
5. Learned counsel for petitioner after arguing the matter at some length submits that grievance of the petitioner shall be substantially redress in case respondent No. 1 is directed to consider and decide the representation moved by the petitioner expeditiously. He further submits that petitioner may allow to join only after expiry of maternity leave.
6. Learned Chief Standing counsel opposed the writ petition but does not dispute the fact that the petitioner has been sanctioned maternity leave till 03.04.2023 and submits that petitioner would not be in position to join prior to expiry of the medical leave.
7. Accordingly, without entering into merit of the case, present writ petition is disposed of with direction to petitioner to join at the transferred place of posting immediately on expiry of the maternity leave and further respondent No. 1 is directed to consider and decide the representation of the petitioner dated 15.12.2022 as contained as Annexure No. 6 to the writ petition with reasoned and speaking order in accordance with law within a period of four weeks from the date a certified copy of this order is produced before him and communicate the decision to the petitioner.
8. It is further provided that no coercive action shall be taken against the petitioner in case the petitioner joins at her transferred place of posting immediately after expiry of her maternity leave subject to further orders passed by the respondent No. 1 on her representation.
(Alok Mathur, J.) Order Date :- 21.12.2022/Ravi/