Ashwani Kumar Mishra, J. - (1.) Petitioners were initially appointed as Assistant Teachers in Primary Institutions run by the U.P. Basic Education Board in different districts of the State of Uttar Pradesh in the years 2007-2011. Their appointments were made in accordance with the provisions of U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as, 'the Rules of 1981). They worked satisfactory and thereafter, petitioners were promoted to the post of Headmaster of Primary Pathshalas or Assistant Teachers in Junior Basic Schools. Their promotions were made on different dates in the years 2014 and 2015. On 23.06.2016, a transfer policy was issued by the State Government permitting the transfer of such teachers to their desired district. This transfer policy is contained in Annexure No. 2 to the writ petition. Clause (2) of the transfer policy clearly provides that there is no vested right of transfer as such and that, their claim would be considered as per the exigency which included the existence of vacant post in the district where transfer itself was being sought by them. The transfer policy further contemplated that upon transfer, the teachers would be placed at the bottom of the cadre, in which they are being transferred. Clause (2) of the transfer policy, contained in the Government Order dated 23.06.2016, is reproduced hereinafter:- ...[VERNACULAR TEXT OMITTED]...
(2.) Petitioners, pursuant to the aforesaid transfer policy, made applications for their transfer to Baghpat, while they were posted in other districts of the State of Uttar Pradesh. Their plea of transfer was not considered as there existed no vacancy on the post of Headmaster of Primary Institution or the post of Assistant Teacher in the Junior Basic School. In terms of the policy, therefore, petitioners could not have been transferred to the post that they were holding pursuant to their promotions, made in the year 2014-15. It appears that petitioners, in their anxiety to be transferred to Baghpat, gave an application for being reverted to their substantive post of Assistant Teachers and also, gave an undertaking that they be transferred to Baghpat on the post of Assistant Teacher in terms of the policy. Such application, supported with undertaking given on affidavit by the petitioners, was then made basis for petitioners to be demoted to the post of Assistant Teacher in Primary Institutions and then, transferred to Baghpat on the post of Assistant Teachers in Primary Institutions. It is relevant to note that vacancy at Baghpat existed on the post of Assistant Teacher in Primary Institution and the petitioners were posted, accordingly.
(3.) Having succeeded in obtaining transfer to the desired district, the petitioners then started attempts to, somehow, get back what they had lost in the process of ensuring their transfer to Baghpat. Representations, accordingly, were made by them that petitioners' salary be restored to the level they were already drawing by applying the principles of pay protection. A further prayer was made that the petitioners be placed at the bottom of the cadre of Headmaster of Primary Institutions/Assistant Teachers in Junior Basic Schools and that, they be not placed at the bottom of the seniority of Assistant Teachers in Primary Institutions. This prayer of the petitioner, apparently, has not been considered and therefore, petitioner have approached this Court for a direction upon the respondents to ensure their joining on the post of Headmaster of Primary Institution or Assistant Teacher in Junior Basic Schools. Prayer, made in the writ petition, reads as under:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ensure the joining of the petitioners on the post of Head Master of the primary institutions or Assistant Teacher in Junior High School in view of the fact that they have already been promoted on the said post before their transfer to the District - Baghpat and pay them salary along with the arrears on that account; so that justice be done.";