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Showing contexts for: inter district transfer in Kamini Singh vs State Of U.P. And 3 Others on 13 March, 2018Matching Fragments
(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district.
(e) If by virtue of posting of newly appointed or promoted teachers the primary and upper primary schools of backward blocks get saturated i.e., no post of teacher is vacant in these schools, then handicapped and female teachers on their choice can be adjusted against the vacant posts of general blocks from these saturated blocks.
Sub-clause (d) of Sub-rule (2) of Rule 8 provides that in normal circumstances applications for inter-district transfers in respect of male and female teachers shall not be entertained within five years of their posting, but under special circumstances, applications for inter-district transfer, insofar as married female teacher is concerned, application for transfer to the place of residence of their husband or in-laws' district may be considered.
Petitioner is aggrieved by sub-clause (d) of sub-rule (2) of Rule 8 contending that sub-rule is discriminatory for the reason that it makes distinction between unmarried female and married female teacher insofar as it relates to inter-district transfer.
From a simple reading of the aforesaid Rules, it is apparent that the post of assistant teacher is a district cadre post and the appointing authority is the District Basic Education Officer. Upon selection, posting of a teacher is to be made as per the provisions of Rules 2008. In other words inter-district transfer is an exception to the general rule pertaining to placement and posting of teachers in blocks within the district is compulsory.
Sub-clause (d) of sub-rule (2) of Rule 8 is in two parts; the main provision mandates that applications for inter-district transfer will not be entertained within five years of posting and in the second part of the rule an exception is carved out to the main provision that for inter-district transfers in respect of married female teachers would be entertained for transfer to the place of residence of their husband or in-laws' district. From bare reading of the aforesaid rule it appears that a married female teachers can seek inter-district transfer. Petitioner is aggrieved not by the main provision that applications for inter-district transfer shall not be entertained within five years but the exception carved out in respect of married female teachers, according to the learned counsel for the petitioner it is arbitrary for the reason that it excludes unmarried female teachers from exercising option of transfer before five years.
In our opinion, submission of the learned counsel for the petitioner lacks merit. Petitioner being unmarried would not fall under the category of married female teacher, therefore, to contend that still she can seek inter-district transfer is not tenable in view of the nature of the job and in particular the district cadre to which the petitioner was appointed upon making a choice of the District. The classification of married and unmarried female teachers for entertaining applications for inter-district transfers is a valid classification and not discriminatory. The rule categorically states that no inter-district transfers shall be entertained within five years of posting and if the contention of the learned counsel for the petitioner is accepted, then, in that event all female teachers, be it married or unmarried, can seek inter district transfer, whereas, their male counterpart would be discriminated by prohibiting them to seek transfer. The proposition would not withstand the test of gender discrimination. In each district, general and backward blocks is identified, thereafter teachers are posted, after obtaining their option, in teacher less schools and single teacher schools. The purpose of the rule requiring posting of teachers compulsorily in backward areas, in the backdrop of the Rules, is to ensure that teachers are available to schools located in backward blocks of the district. The rule does not prohibit inter district transfers, a teacher can seek inter-district transfer after five years of posting, however, in case of married female teachers an exception has been carved out. Since the petitioner is not aggrieved by the main provision, the exception to the rule in our opinion cannot be assailed by the petitioner being violative of Article 14 and 15 of the Constitution. Such a practice to post husband and wife in a district as a matter of policy is a known and followed practice of posting in service jurisprudence.