Rajni … v. State of U.P. and 6 Others
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT – A No. - 13330 of 2025 Rajni …..Petitioner(s) Versus State of U.P. and 6 Others …..Respondent(s) With – Writ-A No.13364 of 2025 (Priyanka vs. State of U.P. and 5 Others) and Writ-A No.13842 of 2025 (Vinita vs. State of U.P. and 4 Others) Counsel for Petitioners(s) Counsel for Respondent(s) Court No. - 52 : Naresh Chandra Tripathi, Suchita Tripathi, Man Bahadur Singh, Sudha Yadav : C.S.C., Shivendra Singh Bhadauria, HON’BLE MRS. MANJU RANI CHAUHAN, J. 1. The petitioner, Rajni, has filed Writ-A No. 13330 of 2025, in which
Legal Reasoning
Smt. Vinita and Smt. Priyanka have been impleaded as Respondent Nos. 6 and 7. Vinita and Priyanka have also filed separate writ petitions, being Writ-A Nos. 13842 of 2025 and 13364 of 2025, respectively. As all the aforesaid writ petitions pertain to the same transfer order, therefore, they are being heard and decided together. 2. Heard Sri Naresh Chandra Tripathi, learned counsel for the petitioner- Rajni, Sri Saurabh Kumar, Advocate holding brief of Sri Man Bahadur Singh, learned counsel for the petitioners- Priyanka and Vinita, Sri Shivendra Singh Bhadauria, learned counsel for the respondent nos.2 to 4 and learned Standing Counsel for the State-respondents. 2 WRIA No.13330 of 2025 3. The petitioner-Rajni has preferred instant writ petition for the following reliefs:- “i. Issue a writ order or direction in the nature of Mandamus, directing the respondent no. 2 to decide and to pass an order in the matter of transfer of petitioner from Uccha Primary School, Sikraura Composite, Block Bilaspur, District Rampur to the Primary School, Khaundalpur, Bock Bilaspur, District Rampur, pending before respondent no. 2 as reported by District Basic Education Officer, District Rampur vide his letter dated 14.07.2025 (Annexure No. 7), within the short stipulated period as may be fixed by this Hon'ble Court. ii. Issue any other writ order or direction in favour of petitioner, as this Hon'ble Court may deem fit on the facts and circumstances of the case. iii. Award the cost of the petition in favour of the petitioner.” 4. The petitioner- Priyanka has preferred instant writ petition for the following reliefs:-
Decision
“A. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.08.2025 passed by the respondent no.4, Block Education Officer, Block Bilaspur, District Rampur (Annexure No.1 to the writ petition); B. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the functioning of the petitioner as Assistant Teacher in the transferred school, namely Primary School Milak Naukharid, Block Suar, District Rampur, where the petitioner has duly joined on 02.07.2025 pursuant to the lawful transfer order dated 30.06.2025; C. Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure regular and uninterrupted payment of the petitioner's monthly salary against the post at Primary School Milak Naukharid, Block Suar, District Rampur; D. Issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith update and transfer the petitioner's EHRMS ID (1004957) from Composite School Sikraura, Block Bilaspur, District Rampur to Primary School Milak Naukharid, Block Suar, District Rampur, within a time bound period to be fixed by this Hon'ble Court; E. To issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case. F. To award the cost of this petition in favour of the petitioner.” 5. The petitioner- Vinita has preferred instant writ petition for the following reliefs:- “A. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 21.08.2025 passed by the respondent No. 4, Block Education Officer, Block Bilaspur, District Rampur (Annexure No. 1 to the writ petition); 3 WRIA No.13330 of 2025 B. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the functioning of the petitioner as Assistant Teacher in the transferred school, namely Primary School Khaundalpur, Block Bilaspur, District Rampur, where the petitioner has duly joined on 02.07.2025 pursuant to the lawful transfer order dated 30.06.2025; C. Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure regular and uninterrupted payment of the petitioner's monthly salary against the post at Primary School Khaundalpur, Block Bilaspur, District Rampur, D. Issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith update and transfer the petitioner's EHRMS ID (2186702) from Primary School Pahadi Tola, Block Bilaspur, District Rampur to Primary School Khaundalpur, Block Bilaspur, District Rampur, within a time bound period to be fixed by this Hon'ble Court; E. To issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case. F. To award the cost of this petition in favour of the petitioner.” 6. At the very outset, Sri Shivendra Singh Bhadauria, learned counsel for respondent nos. 2 to 4 informs that there was some fault in mentioning the date of joining of the petitioner-Rajni, whereas the correct date of joining of Rajni in the institution is 02.05.2018. Due to the aforesaid fact, Priyanka, whose date of joining is 07.09.2018 and is junior to Rajni, has been transferred. 7. As Priyanka has already joined at the transferred place, therefore, a prayer has been made by learned counsel for the petitioners to direct the respondent no.2 to look into their grievances and decide the matter in accordance with law. 8. Learned counsel for the respondent nos.2 to 4 has no objection to the aforesaid prayer made by learned counsels for the petitioners. 9. It has been informed by learned counsel for the petitioners that the matter regarding the transfer of Rajni has already been referred to the respondent no.2 by the District Basic Education Officer, District Rampur vide its letter dated 14.07.2025. 10. In view of the above submissions and considering the facts and circumstances of the case, and without expressing any opinion on the 4 WRIA No.13330 of 2025 merits thereof, this writ petition is finally disposed of with a direction to the respondent no.2, Secretary, Basic Education Board, U.P., Prayagraj to decide the matter of transfer of the petitioner-Rajni, which is currently pending before him, in accordance with law, after affording an opportunity of hearing to all affected parties, including Smt. Priyanka and Smt. Vinita, by passing a reasoned and speaking order, preferably within a period of four weeks from the date of receipt of the certified copy of this order. 11. It is also directed that the petitioners shall not be disturbed until final orders are passed in the aforesaid matter of Rajni’s transfer. (Mrs. Manju Rani Chauhan,J.) September 16, 2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad