Ashwani Kumar Mishra, J. - (1.) Whether a Male Assistant Teacher appointed in a primary school run by Basic Shiksha Parishad could be transferred from one district to another, even before completing 05 year term, is the short question that arises for consideration in this matter?
(2.) Petitioner has been appointed as an Assistant Teacher in Prathmik Vidyalaya Mahuadhav, Block Pasgawan, District Lakhimpur Kheri on 14th November, 2015 by the District Basic Education Officer, Lakhimpur Kheri. He has joined and is working ever since then. Petitioner is seeking his transfer to Banda on account of various personal hardships as well as medical exigencies. Banda, otherwise, is petitioner's home district where his mother, wife and two minor sons aged about 06 and 02 years are residing. Petitioner alleges that he is suffering from Kidney Infection and is also suffering from high blood pressure for which he is being treated by the Doctors at Kanpur. Submission is that petitioner has completed more than 02 years working at the station and his claim for transfer is liable to be considered as per the applicable rules. Prayer is made to command the Secretary of U.P. Basic Shiksha Parishad to entertain petitioner's application for transfer and to pass needful orders as per law.
(3.) Service conditions of petitioner are governed by the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as 'Rules of 1981). Rule 21 of the Rules of 1981 provides procedure for transfer. Rule 21 of the Rules of 1981 is reproduced hereinafter:- "21. Procedure for transfer - There shall be no transfer of any teacher from the rural local area to an urban local area or vice versa or from one urban local area to another of the same district or from local area of one district to that of another district except on the request of or with the consent of the teacher himself and in either case approval of the Board shall be necessary.";