Yashwant Varma,J. - (1.) Heard Sri Seemant Singh, learned counsel for the petitioner, Sri Birendra Pratap Singh, learned Standing Counsel for the State respondents and Ms. Archana Singh, who appeared for the contesting respondents.
(2.) This petition has been preferred seeking the following reliefs: "(a) Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and quashing the impugned Clause 2(13) of the Government Order dated 02.12.2019 issued by the Additional Chief Secretary, Government of U.P., Lucknow only to an extent that it only refers to exemption for getting transferred from the aspirational districts like Bahraich to District Kannauj insofar as it relates to the petitioner, whose spouse is serving in the Indian Army/ Air Force/ Navy/ Paramilitary Forces (CRPF/ CISF/ SSB/ Assam Riffles/ ITBP/ NSG/ BSF) and not to the petitioner whose husband has served in the Indian Army and died while being in service of the Indian Army and the result of online inter-district transfer dated 01.01.2021 where the result is shown as not transferred due to aspirational district restriction as per Government Order dated 02.12.2019. (b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to consider the inter-district transfer relating to the petitioner on the post of Assistant Teacher in a primary school, from the district Baharaich to her desired district Kannauj by extending benefit of Clause 2(13) of the Government Order dated 02.12.2019 issued by the Additional Chief Secretary, Government of U.P., Lucknow which provides exemption to the Assistant Teachers whose spouse are working in the Indian Army/ Air Force/ Navy/ Paramilitary Forces (CRPF/ CISF/ SSB/ Assam Riffles/ ITBP/ NSG/ BSF)."
(3.) The petitioner is a widow whose husband served in the Armed Forces. He unfortunately died while serving in the Forces. The submission of Sri Singh was that Clause 2(13) insofar as it restricts consideration of requests for transfer to those whose spouses are serving members of the Armed Forces is arbitrary. As would be manifest from a reading of reliefs as framed, the petitioner essentially seeks the extension of Clause 2 (13) to even those cases where the spouse of the Assistant Teacher may have previously been in the Armed Forces.;