VIVEK AGARWAL,J. - (1.) Heard Sri Neeraj Shukla, counsel for the petitioners and Sri Arun Kumar, learned counsel for the respondents.
(2.) Petitioners have filed this petition claiming therein that petitioners were earlier working in different Primary School of State of U.P run by the Basic Shiksha Parishad. On 23.06.2016, State Government issued a transfer policy for transferring the teachers of the Institutions run by Basic Shiksha Parishad in pursuance of the transfer policy dated 23.06.2016. Petitioner no.1-Mamta Devi was transferred to District- Shamli vide order dated 01.04.2017 and petitioner no.2-Neeraj Kumar was transferred to District-Shamli. It is petitioners' contention that they were informed by the District Basic Education Officer, Shamli that the batchmates of the petitioner functioning in the District-Shamli at that time were not promoted and, therefore, petitioners have to go to their districts from where they were transferred or they will have to work on a demoted post as an Assistant Teacher available at that time in district-Shamli. Petitioners in para-10 of the writ petition has mentioned that they were left with no other option but to approach his district i.e. Sitapur and Shahjahanpur respectively for the required order as per the direction issued by the District Basic Education Officer, Shamli. Petitioners' contention is that since transfer has been made in terms of the policy, therefore his Grade-pay could not have been reduced from Rs.4600 to Rs.4200. Petitioners are entitled to pay protection.
(3.) In support of this contention, petitioners have placed reliance on the order dated 06.12.2018 passed in Writ-A No.25804 of 2018 and order dated 08.08.2019 passed inn Writ-A No.14899 of 2019 and has sought a relief that he be paid salary with Grade-pay of Rs.4600 as he was getting before his transfer to District-Shamli.;