- (1.) This writ petition has been filed by the petitioners for a direction in the nature of mandamus to the respondents to transfer them from rural area to urban area of the District Kanpur Nagar. According to the petitioners, the petitioners are stated to be working as Assistant Teachers in the Prathmik Vidyalaya Gayghat, Block Balha, Baharaich. Their conditions of services are governed by the Uttar Pradesh Basic Education (Teachers) Services Rules, 1981( hereinafter referred to as the Rules, 1981). The details with regard to qualifications of the petitioners, which have been raised in the writ petition, do not require consideration by this Court inasmuch as the short question to be considered herein is whether the petitioners can be transferred from rural area to urban area in terms of the G.O. dated 13.4.2011 (Annexure-9 to the writ petition), on which reliance has been placed by the petitioners.
(2.) I have heard Sri K.K.Tripathi, learned counsel for the petitioners and Sri J.N. Maurya, learned counsel for the respondent nos.2, 3 and 4 and learned Standing Counsel for the respondent no.1. On 11.5.2012 this Court had been pleased to pass the following order:- "Let the respondent no.1 file his personal affidavit categorically disclosing that when under the U.P. Basic Education Teachers Services Rules 1981, cadre of the post of teachers in Parishidiya Vidhyalayas have been provided for with reference to the local area i.e. separately for urban area and separately for rural area with further provision that appointment shall be made in respective local areas by the appointing authorities after determining vacancies and after preparing a separate list areawise and that transfer as contemplated under Rule 21 of the said Rules is only in exceptional circumstances on a request being made by a teacher concerned, a decision has been taken by the State Government that 50% of the post in urban areas may be filled by transfer of Assistant Teachers working in rural areas.
(3.) A new mode of appointment in urban areas appears to have been created by suggesting that 50% of the posts be filed by way of transfer. Prima facie, such is not the intention or the purpose of the 1981 Rules. The Secretary shall also disclose the source of power for issuing such a Government Order by the State Government. Put up on 24.05.2012 as unlisted.";