UP Basic Education Teachers (Posting) Rules 2008: In exceptional circumstances, a transfer request may be considered even before the expiration of the said period: Allahabad HC

In view of the foregoing, the Chamber dismissed the petition.

Case title: Manju Pal v. State Of UP and 3 others

Work table: Judge Ashutosh Srivastava

No case.: CAR – A No. – 17977 of 2021

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

Defendant’s attorney: Archana Singh, Pranesh Dutt Tripathi

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The Allahabad HC ruled on Wednesday that, in exceptional circumstances, a transfer request may be considered even before the expiration of the said deadline.

the bank of Judge Ashutosh Srivastava dealt with the order challenge petition downloaded from the UP Board of Basic Education Prayagraj website rejecting the petitioner’s request for inter-district transfer from Bahraich to Bareilly on the grounds that the sought transfer was an aspirational district transfer and not allowed according to the Government Order dated 02.12.2019.

In this case, the petitioner was appointed as an assistant teacher at the Bahraich District Primary School and joined its services. In 2019, the petitioner was admitted to the Elementary School under a commitment order and entered that institution. The petitioner’s husband has a business in the Bareilly district.

The petitioner herself is a cancer patient whose treatment is being carried out at the Kishlata Cancer Hospital, Bareilly. The petitioner requested interdistrict transfer for medical reasons considering her ailment to the Bareilly district of the Bahraich district, her current duty station.

The bank was of the opinion that the petitioner’s request for transfer from the Bahraich District to the Bareilly District should be viewed sympathetically in light of the provisions of the UP Basic Education Teachers (Publication) Rules 2008, read with Rule 21 of Education Basic (Teachers) Service Rules, 1981 as well as any policy framed by the State Government for Interdistrict Transfers. It is true that no policy for inter-district transfers is currently in vogue.

High Court declared that “As a district-level charter, the petitioner must remain on the chart and transfers beyond the chart/out of the district are normally not affected by the Rules. An out-of-district transfer may be considered under normal circumstances only in accordance with the Rules. Rule 8(2)(d) of the 2008 Posting Rules states that, under normal circumstances, requests for interdistrict transfers of female teachers will not be considered before 5 years from the completion of their posting. However, the Regulation contemplates that in exceptional or extraordinary circumstances a transfer request may be considered by the Board/Director of Basic Education (Basic Education) even before the expiration of said term. The question of whether or not exceptional or extraordinary circumstances exist in a given case has to be examined by the Board/Director of Basic Education (Basic Education).”

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In view of the foregoing, the Chamber dismissed the petition.

Case title: Manju Pal v. State Of UP and 3 others

Work table: Judge Ashutosh Srivastava

No case.: CAR – A No. – 17977 of 2021

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

Defendant’s attorney: Archana Singh, Pranesh Dutt Tripathi

Get instant legal updates on mobile – download the Law Trend app now

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