UP Basic Education Teachers (Posting) Rules 2008: In exceptional circumstances, a transfer application may be considered even before the term has expired: Allahabad HC

Head coach Allahabad on Wednesday ruled that in exceptional circumstances an application for a transfer could be considered even before the expiration of that period.

the bench of Judge Ashutosh Srivastava UP Basic Education Board, Prayagraj was dealing with a petition challenging the order downloaded from the website of Prayagraj. Not permitted by government order dated 12 February.

In this case, the complainant was appointed as an assistant teacher at a primary school in Balaich district and attended her services. In 2019, the complainant was placed in a primary school under a placement order and joined the institution. Petitioner’s husband has a business in the Barryleigh area.

The complainant himself is a cancer patient and is being treated at the Kishratha Cancer Hospital in Valery. The petitioner requested an inter-district transfer for medical reasons in view of his illness from his current place of employment, Barraiti district, to Valerie district.

Bench states that a petitioner’s request for a transfer from Burraichi District to Bareilly District is subject to Rule 21 (Teachers) Service Rules, 1981 of Basic Education and all policies made by the state government for inter-school transfers. Indeed, there is currently no policy to validate transfers between districts.

The High Court “Being a member of the district level cadre, the petitioner must remain within the cadre and moving beyond the cadre/out of the district is generally not relevant to the rules. Only can be considered under normal circumstances: Rule 8(2)(d) of the Placement Rules 2008 states that, under normal circumstances, an application for inter-divisional transfer of a female teacher may not be submitted until 5 days after the placement has been completed. However, the regulations stipulate that, in exceptional or unusual circumstances, an application for transfer may be made by the Board of Basic Education/Director (Basic Education) even before the expiry of that period. The question of whether exceptional or unusual circumstances exist in a particular case should be considered by the Board of Basic Education/Director (Basic Education) .

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For the above reasons, the court dismissed the petition.

Case title: State of Manju Pal v.UP 3 others

bench: Judge Ashutosh Srivastava

Case number: WRIT – A No. – 17977 of 2021

Appellant’s Counsel: Navin Kumar Sharma, Lakshmi Kant Singh

Defense Attorney for Defendant: Archana Singh, Pranesh Dutt Tripathi

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