G.P.Mathur, J. - (1.) The appellant, an employee of U. P. Basic Shiksha Parishad was transferred from district Ballia to district Gonda by the order dated 8.2.1999 passed by Secretary, U. P. Basic Shiksha Parishad, Allahabad. This order was challenged by him by filing Writ Petition No. 15098 of 1999, which was dismissed by a learned single Judge on 15.7.1999. Feeling aggrieved by the dismissal of the writ petition, the appellant has preferred this special appeal.
(2.) Sri Dinesh Dwivedi has submitted that the appellant was appointed as Assistant Clerk in Zlla Parishad. Ballia on 4.7.1967 and after the enforcement of U. P. Basic Education Act, 1972, he became an employee of U. P. Basic Shtksha Parishad. Thereafter, he could not be transferred to any place outside Ballia. The relevant parts of subsections (1) and (3) of Section 9 of U. P. Basic Education Act. 1972, read as follows : "Transfer of Employees.--(1) On and from the appointed day every teacher, officer and other employees serving under a local body exclusively in connection with basic schools (including any supervisory or inspecting staff) immediately before the said day shall be transferred to and become a teacher, officer or other employee of the Board and shall hold office by the same tenure, at the same remuneration and upon the same other terms and conditions of service as he would have held the same if the Board had not been constituted and shall continue to do so unless and until such tenure, remuneration and other terms and conditions are altered by the rules made by the State Government in that behalf. Provided..... .....under the Board. (Omitted as not relevant) Provided..... ...... accordingly. (Omitted as not relevant) (3) Notwithstanding anything In sub-section (1), any person referred to therein, who becomes an employee of the Board shall be liable to be transferred from the school or from the local area In which he was employed immediately before the appointed day to any other school or Institution belonging to Board or : as the case may be to any other local area at the same remuneration and on the same other terms and conditions of service as governed him immediately before such transfer until such tenure, remuneration and other terms and conditions are altered by the rules referred to in sub-section (1). Provided..... .....consent. (Omitted as not relevant)"
(3.) Sub-section (3) of Section 9 of the Act is a complete answer to the submission made by the learned counsel for the appellant. It clearly provides that after the appointed day, any teacher, officer or an employee of a Zila Parlshad, who becomes an employee of the Board, can be transferred from one local area to another local area. Therefore, the transfer of the appellant from Ballla to Gonda is clearly permissible under the provisions of the Act by which he is governed.;