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Smt. Amita Sinha v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. 541 of 2007  RD-AH 11403 (6 July 2007)
Special Appeal No.541 of 2007
Smt. Amita Sinha .....Appellant
State of U.P.& others .....Respondents.
Hon'ble S.Rafat Alam,J.
Hon'ble Sunil Ambwani,J.
It is urged that though the Hon'ble Single Judge has found in the judgment that the Committee of Management has an option to fill up the vacancy either by transfer order or by making requisition to the Commission for recommending a suitable candidate for such appointment, yet directed the District Inspector of Schools to find out as to whether the order of transfer of the appellant, who was arrayed as respondent no.6 in the writ petition, was passed prior to the advertisement of the vacancy by the U.P. Secondary Education Services Selection Board, Allahabad or not after verifying from the original records.
Sri Ashok Khare, learned senior counsel appearing for the appellant further submitted that the institution, where the appellant was working, consented to transfer on 27.6.2005. Thereafter, the appellant applied for transfer on 6.7.2005. The respondent no.5 gave no objection to the transfer of the appellant to its institution on 15.7.2005. Pursuant thereto the order of transfer was approved by the competent authority on 26.5.2006. He further submits that the Committee of Management of the institution (respondent no.5) made requisition in the year 2001 and when a period of about four years passed and no steps were taken for filling up the post, it resolved on 15.7.2005 to give no objection to the transfer of the appellant to its institution. He further submits that the controversy involved in this appeal is identical to that of Special Appeal No. 56 of 2007 which has been admitted by a Bench of which one of us (Hon'ble S.Rafat Alam,J.) was Member vide order dated 18.1.2006.
Connect this appeal with Special Appeal No. 56 of 2007 and list on the date fixed.
Having considered the submissions made before us and looking to the facts of the case, it is provided that in the meanwhile, the District Inspector of Schools shall take decision in compliance to the judgment under appeal but the same shall be kept in abeyance until the disposal of the appeal and shall abide by the final outcome of the appeal.
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