Allahabad High Court
Preeti Agrahari (Agarwal) vs State Of U.P. And 3 Others on 4 January, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - A No. - 14685 of 2022 Petitioner :- Preeti Agrahari (Agarwal) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Aditya Counsel for Respondent :- C.S.C.,Yatindra Hon'ble Rajeev Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the petitioner and learned counsel for the respondents.
The present petition is filed with the following prayer:-
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 7.7.2022 passed by respondent No.4 (Annexure -19 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus commanding the District Basic Education Officer-Bulandshahar, respondent No.4 to modify the adjustment order dated 17.2.2021 and to give posting at petitioner's choice place namely primacy school, Aurangabad-2 or 1, Block Lakhawati, District Bulandshahar in the light of Government order dated 2.12.2019."
Learned counsel for the applicant submits that in accordance with the Government Order dated 2.12.2019, it is obligatory on the part of the respondent authorities to accept the choice of the petitioner in relation to her posting in the District as well as Gram Panchayat. He further submits that the request of the petitioner for transferring to the District of her choice was considered, but Gram Panchayat was not considered, therefore, the aforesaid Government Order has not been considered by the respondent authorities in true sense and the claim of the petitioner was rejected by way of order dated 7.7.2022, which is annexed as Annexure No.19 to the writ petition.
Learned counsel for the respondent submits that there is no illegality in the order dated 7.7.2022 passed by respondent No.4.
Considering the submissions of learned counsel for the parties and going through the impugned order dated 7.7.2022, it is evident that as per the Government Order dated 2.12.2019, it is obligatory on the part of the respondent authorities to accept the choice of the petitioner in relation to her posting in the District as well as Gram Panchayat. Hence, the writ petition is allowed by setting aside the order dated 7.7.2022 passed by the respondent No.4 - District Basic Education Officer, Bulandshahar.
Respondent No.4, District Basic Education Officer, Bulandshahar is directed to take a fresh decision after considering the para-15 and 16 of the Government Order dated 2.12.2019 within a period of two months from today.
Order Date :- 4.1.2023 Gaurav