- (1.) Heard counsel for the petitioner, learned standing counsel for respondents no.1 and 2 and Sri Rajeev Singh Chauhan for respondents no.3 and 4. Pleadings have been exchanged between the parties and with their consent, this writ petition was heard finally at the admission stage itself as per Rules of the Court.
(2.) The petitioner was appointed as Assistant Teacher by appointment letter dated 9.2.2009 issued by the office of District Basic Education Officer, Sitapur. In pursuance thereof, she joined at Primary School Patrasa, Development Block Sakaran District Sitapur (rural area) on 13.2.2009. By order dated 1.6.2010, she was transferred from Primary School Patrasa to Primary School Peetpur, Development Block Ailiya, District Sitapur (rural area). The State Government vide Government Order dated 22.12.2010 framed a policy for transfers of assistant teachers working in primary schools in rural areas to urban areas in an effort to fill up large number of vacancies in primary schools in urban areas. The petitioner exercised option for transfer to urban area, which was accepted by the respondents. A formal order, in this regard, was issued by the office of District Basic Education Officer, Sitapur on 13.9.2011 transferring the petitioner to Primary School Kajiyara, Sitapur (urban area). She joined there on 14.9.2011. These facts are not in dispute between the parties.
(3.) The service of the petitioner is regulated by Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 hereinafter referred to as the 'Rules'. Rule 4 prescribes that there shall be separate cadres of service for each local area. Thus, with the transfer of the petitioner from rural area to urban area, her cadre got changed. Rule 22 (2) provides that " The seniority of a teacher who has been transferred from one local area to another in accordance with the provisions of Rule 21 shall be placed at the bottom of the list of teachers of the corresponding class or category pertaining to the local area to which he has been transferred, as on the date of orders for transfer are passed, such a persons shall not be entitled to any compensation." In accordance with the said Rules, the petitioner was placed at the bottom of the list of assistant teachers working in different primary schools under the Board in the urban area cadre. A copy of the said seniority list is Annexure-6 to the writ petition, wherein, the name of the petitioner figures at serial no.5. These facts are also not in dispute between the parties.;