- (1.) THE present appeal has been filed against the judgment and order dated 31st March, 2011 passed by the learned Single Judge, whereby the writ petition preferred by the Appellant challenging the order of transfer dated 27.11.2010 passed by the District Basic Education Officer, Bulandshahar has been dismissed.
(2.) WE have heard Ms. Archna Hans, learned Counsel for the Appellant, learned Standing Counsel, who represents Respondent Nos. 1, 3 and 5, Sri S.D. Sahai, Advocate represents Respondent Nos. 2 and 4 and have perused the impugned order dated 31st March, 2011 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it. Learned Counsel for the Appellant submitted that the Appellant had discharged the election duty and, therefore, in view of the ban imposed vide notification dated 15th October, 2010 she could not have been transferred. Learned Single Judge relying upon the averments made in the counter affidavit filed on behalf of the District Basic Education Officer had come to the conclusion that the Appellant had moved an application for exemption from doing election duty on the ground of personal illness and she had not done the election duty, therefore, the notification dated 15th October, 2010 could not come in the way of transferring her.
(3.) BEFORE us, learned Counsel for the Appellant invited attention to the averments made in paragraph 8 of the counter affidavit and its reply given in paragraph 5 of the rejoinder affidavit and submitted that the application was not accepted and in fact she had reported for election duty on the dates mentioned in the application. She invited the attention of the Court to a document filed as Annexure 4 to the rejoinder affidavit, which form part of the paper book at page 111 and submitted details of the work done by the Appellant which establishes beyond doubt that she had done the election duty. The Court has perused the chart referred to above and find that it is in respect of the work done from 27.11.2010 to 11.1.2011, which does not cover the period from 27th September, 2010 till 3rd October, 2010 for which period she had sought exemption.;