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Sunil Kumar And Others v. State Of U.P. And Others - WRIT - A No. - 55535 of 2007 [2007] RD-AH 17819 (14 November 2007)

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Civil Misc. Writ Petition No. 55535 of

Sunil Kumar and others ...................................................... Petitioners


State of Uttar Pradesh & others .............................. Respondents


Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioners and Sri H. B. Singh appearing for the respondent No. 4.

By this writ petition the petitioners have prayed for quashing the the order dated 26th September, 2007 passed by the Basic Shiksha Adhikari by which the order passed by the Basic Shiksha Adhikari changing the place of posting of large number of teachers have been cancelled. The promotion list was issued by the Basic Shiksha Adhikari vide order dated 12.7.2007 . After the said promotion and posting it appears that various teachers made representations and on the said representations the orders were passed changing their place of posting. A list of 87 such cases has been brought on the record along with Annexure-4 to the writ petition which indicates that the place of posting and the transfer orders were passed within a span of one month affecting 87 teachers. Complaints were received with regard to amendment of place of posting and then under the orders of the District Magistrate an Enquiry Committee was constituted and after the enquiry report a decision was taken to cancel such orders. Learned counsel for the petitioners submits that the postings were changed on the representation of the petitioner in which there was no infirmity.

I have considered the submissions of counsel for the parties and perused the record.

Promotion orders were passed on 12.7.2007 along with place of posting of the teachers. Indiscriminate change of posting made within a period of one month without specifying any reason in the orders changing the place of posting, was considered after receipt of the complaints and the decision was taken to cancel such change of posting. It is for the authorities to take decision after receipt of the above complaints which does not warrant any interference by this Court. However, this will not preclude the petitioners to represent the Secretary Basic Shiksha Parishad, U.P. Allahabad with regard to individual grievance of the petitioners if any. In case petitioner makes representation to respondent no. 2 the same may be disposed of expeditiously.

With the above observations the writ petition is dismissed.




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