Rafat Alam, Vikram Nath, JJ. - (1.) This appeal arises from the order of learned single Judge dated 26.2.1997 in Writ Petition No. 13128/1981 whereby the writ petition was dismissed.
(2.) Heard Sri K.A. Ansari, learned counsel for the appellant and Sri R.K. Tiwari learned counsel for the respondents.
(3.) It appears that the petitioner-appellant was appointed as Asstt. Teacher in Kanya Primary School, Hasanpur district Moradabad on 27.11.1969. She was thereafter promoted on the 1.06.1971 as Asstt. Teacher in the Junior High School. Since her husband was in government service and was posted at Amroha, she moved an application in October 1980 and requested to give her posting at Amroha. The respondent 1 vide order dated 29.10.1980 allowed the request and she was posted as Asstt. Teacher in Panna Lal Balika, Primary School at Amroha. Later on it was realized that the appellant was a teacher of Junior High School which is admittedly higher in rank and had a higher then pay scale than primary school teacher therefore it was directed vide order dated 04.02.1981 to post her in Junior High School. Pursuant thereto the respondent 3 posted her in Junior High School, Kanya Kirmottar Kala, Amroha on 23.2.1981 where she joined and started working. However, on 19.8.1981 all of sudden the respondent 2 recalled the order dated 04.02.1981 and posted earlier her again at earlier place of service in Amroha i.e. Panna Lal Balika Primary School at Amroha. Being aggrieved, the petitioner in preferred the Writ Petition on the ground of reduction in rank and emoluments of salary and that too without notice or opportunity. This Court granted interim order on 22.10.1981 which was confirmed on 08.04.1982. However, learned single Judge dismissed the writ petition on 26.02.1997 on the ground that since her transfer was on her own request and also on her consent to join Primary School and therefore, the same cannot be interfered with. In the special appeal also there was an interim order dated 08.04.1997 restraining the respondents from transferring the appellant. It is thus apparent that appellant has continued in Junior High School in Amroha since 1981.;