Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the records.
(2.) THIS petition has been filed challenging the validity and correctness of impugned order of transfer dated 31.7.2000, passed by District Basic Education Officer, Unnao. The contention of the petitioner is that impugned order of transfer is in contravention of Rule 21 of U. P. Basic Education (Teachers) Service Rules, 1981. The Rule 21 of said rules is as under : "Rule 21. Procedure for transfer.-There shall be no transfer of any teacher from rural local area to an urban local area or vice versa from one urban local area to any of the same district or from local area of one district to that of any district except on the request of or with the consent of the teacher himself and in either case with the approval of the Board." The facts of the case are that the petitioner was working as assistant teacher in Bal Primary Pathshala, Gangaghat, Unnao. By the order of transfer dated 31.7.2000 the petitioner has been transferred from Bal Primary Pathshala, Gangaghat, Unnao to Sarausi Primary Pathshala, Kajaura Bani, alleged to be situating in rural area. The petitioner has annexed a certificate issued by the Executive Officer, Nagar Palika Parishad, Unnao, stating that Bal Primary Pathshala, Gangaghat, Unnao, is situate within the limit of Nagar Palika Parishad, Unnao, i.e., in urban area, whereas Sarausi Primary Pathshala, Kajauri Bani where the petitioner has been transferred is alleged to situate in rural area.
(3.) IT is contended that impugned order of transfer dated 31.7.2000 has been passed against the provisions of Rule 21 of the Act as neither any consent has been taken from the petitioner nor prior approval has been obtained from the Board for transferring the petitioner from urban local area to rural local area which amounts to reduction in the pay scale of the petitioner also. IT is stated that impugned order of transfer has been passed in view of circular dated 17.5.2000 issued by the Board on the basis of approval given by the Samiti. IT is further contended that under the provisions of Section 21 of the Act the power to accord approval for transfer of a teacher from one rural local area to one urban area or vice versa from one urban local area to any of the same district except on the request of or with the consent of teacher himself and in either case with the approval of the Board, cannot be made except in the circumstances provided therein. Lastly, it was contended that the impugned order of transfer is also in violation of circular issued from time to time and circular dated 19.6.2000 which provides that all the transfers will be completed before 25th June and orders will be implemented upto 25th July and that order impugned in this petition dated 31.7.2000 has been against the policy of the Board itself. Further that the petitioner is suffering from Filariasis L. foot and is under treatment in G.S.V.M. Medical College, Kanpur. Thus, order of transfer was causing hardship to the petitioner and for this reason also it is improper and illegal to transfer the petitioner from her present place of posting.;