JAGDISH PRASAD Vs. DIRECTOR, BASIC EDUCATION
HIGH COURT OF UTTARAKHAND
Director, Basic Education
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Alok Singh, J. -
(1.) WITH the consent of learned counsel for the parties, present petition is taken up for final disposal at preliminary stage, in view of the fact that only question of law is involved in the matter and facts are not in dispute.
(2.) UNDISPUTEDLY , petitioners were posted as Assistant Teachers in Government Junior High School, Kargi Grant, Raipur, Dehradun. In the year 2000, Municipality of Dehradun was upgraded to Municipal Corporation and village Kargi Grant was included within the territory of Municipal Corporation, Dehradun. Undisputedly, prior to inclusion of village Kargi Grant, Raipur in Municipal Corporation, Dehradun, it was considered as rural local area being village. Therefore, Government Junior High School, Kargi Grant, Raipur was also being considered as rural local area school. However, after inclusion of village Kargi Grant within the territory of Municipal Corporation, Dehradun, Government Junior High School, Kargi Grant, Raipur also came in the category of urban local area school. As per Section 2(k) and (r) of the Uttar Pradesh Basic Education (Teachers) Service Rules 1981 (for short "Rules 1981"), "rural local area" means the area over which a Zila Parishad exercises its jurisdiction and "urban local area" means the area over which a Nagar Mahapalika, Municipal Board, Town Area Committee or Notified Area Committee exercises its jurisdiction.
(3.) AS per Rule 21 of 1981 Rules, there shall be no transfer of any teacher from the rural local area to an urban local area or vice versa.;
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