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Shashi Prabha v. State Of U.P. And Others - WRIT - A No. 30324 of 2007 [2007] RD-AH 11641 (10 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Counter affidavit filed by the respondent no. 3 is taken on record,  Learned counsel for the petitioner prays for and is allowed two weeks time to file rejoinder affidavit.  Learned standing counsel may also file counter affidavit within the aforesaid said period.  List in week commencing 30th July, 2007.  

Sri S. A. Shah appears for the respondent no. 3. Learned standing counsel appears for the respondents no. 1 and 2.

Learned counsel for the petitioner challenging the transfer order dated 30.6.2007 contended that the said transfer order has been passed on the ground that there should not be two teachers in the same subject in the same institution.   Petitioner's case is that the petitioner is Science teacher and she has been transferred by the impugned order from the post on which post respondent no. 3 has been posted who is also a Science teacher.  The impugned order  indicates that the transfer of the respondent 3 is on her own expenses.  Respondent no. 3 is being transferred  on her own expenses  which clearly means that it is on her own request. The learned counsel for the respondent No. 3 submit that she has been relieved and submitted joining.

Considering the  facts of the present case and the submissions made the order impugned dated 30.6.2007 shall remain stayed in so far as the petitioner is concerned provided if the petitioner has not yet been relieved.  




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