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Allahabad High Court summons Secretary, Basic Education Council, Prayagraj, in contempt plea by teacher

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The Allahabad High Court has summoned the Secretary, Basic Education Council, Prayagraj, Pratap Singh Baghel, for passing an arbitrary order by refusing the application of the teacher’s inter-district transfer application four times.

A single-judge bench of Justice Saral Srivastava passed this order while hearing a contempt application filed by Syeda Rukhsar Mariyam Rizvi.

The applicant has alleged violation of order of Writ Court dated July 16, 2021 passed in Writ-A No 7575 of 2021 by which Writ Court has quashed the order dated March 31, 2021 passed by opposite party rejecting the application of applicant for her request to transfer from Prayagraj to Lucknow on the ground of ailment of her son.

The facts of the case are that the applicant is working as Assistant Teacher in Primary School and is posted at Primary School, Kachra, Block-Jasra, District Prayagraj, at present.

The applicant has two siblings. The son of the applicant, aged about five and half years, is suffering from Autism and Cerebral Palsy and treatment of which is available only at Lucknow, and said disease comes under the category of fatal disease for which regular medical attention is necessary to monitor the disease so as to reduce the suffering of patient i.e. son of the applicant.

The disease, which the son of the applicant is suffering from, is curable till he attains the age of eight and half years, and thereafter, the disease is incurable. In such a situation, time is an essential factor to address the grievance of the applicant for her transfer from Prayagraj to Lucknow so that she may provide good medical care to her son.

The opposite party by order dated December 27, 2020 rejected the application of applicant for her transfer from Prayagraj to Lucknow which order came to be challenged by the applicant in which the Court after noticing the fact that under the Government Order dated December 02, 2019, children of a teacher suffering from disability is a valid consideration or ground for inter district transfer, and after noticing the law laid down by the Court in the case of Kumkum Vs State of U.P and 3 Others passed, quashed the order dated December 27, 2020.

While quashing the order dated December 27, 2020, the Court considering the apathy of applicant directed the opposite party to consider the claim of applicant sympathetically in accordance with law and in the light of observations made in the body of the order.

After the order dated February 2, 2021 passed by the Court, the request of the applicant was again considered by the opposite party, who again by order dated March 31, 2021 rejected the application of applicant on the ground that subsequent application for transfer is not maintainable.

The order dated March 31, 2021 has been assailed by the applicant, the contempt of which is alleged by the applicant in the case, in which the order dated March 31, 2021 was quashed by the Court by order dated July 16, 2021.

Counsel for the applicant has filed reply to the compliance affidavit stating therein that the order of Writ Court has not been complied with in letter and spirit.

The Court on February 07, 2022 after perusing the compliance affidavit found that the order of Writ Court dated July 16, 2021 has not been complied with in letter and spirit. The Court adjourned the case believing that the opposite party shall comply with the order of Writ Court dated July 16, 2021 in letter and spirit.

Now, instead of complying with the order of Writ Court, Yatindra, counsel for opposite party has placed an order dated February 12, 2022 passed by opposite party again rejecting the claim of applicant on a new ground that disease of applicant’s son is not mentioned in para 8(3) of the Government Order dated December 02, 2019.

The Court observed that the facts narrated above will disclose that the opposite party has rejected the claim of applicant four times on different grounds which could have been taken by him while rejecting the application of applicant in the first order dated December 27, 2020.

Further the order dated March 31, 2021 by which request of the applicant for transfer was rejected second time was passed on the same ground on which first order dated December 27, 2020 was passed, though the language used in the order dated March 31, 2021 is coughed up in a manner so as to create a camouflage in the eye of Court that the order dated March 31, 2021 rejecting the claim of applicant is not on the same ground on which the order dated December 27, 2020 was passed. The order dated March 31, 2021 was set aside by the Court.

When the Court passed an order dated February 07, 2022 in contempt application believing that opposite party being responsible officer would comply with the order of the Court in letter and spirit, the opposite party has taken a new ground that no document as per Government Order dated December 02, 2019 has been filed by the applicant alongwith application in support of ailment of her son, and therefore, request of the applicant for her transfer to Lucknow cannot be accepted.

The Court observed that the facts enumerated above clearly demonstrate that opposite party has no sensitivity to the human life, and without appreciating the apathy of the applicant has passed all the orders dated December 27, 2020, March 31, 2021, September 16, 2021 and February 12, 2022 rejecting the application of applicant.

“It is astonishing that in none of the four orders opposite party is disputing the fact that son of the applicant is suffering from the disease namely Autism + Cerebral Palsy and treatment of which can only be available at Lucknow.

The opposite party is an officer of the State and he is expected to act as a model employer, but in this case, the conduct of the opposite party does not reflect this.

The applicant, being a lady, is running from pillar to post for a year with a request to transfer her from Prayagraj to Lucknow so that she can provide good medical treatment to her son, but conduct of the opposite party demonstrates that he has lost human sensitivity.

When the Court passed the order dated February 02, 2021, there was a categorical finding by the Court that children of a teacher suffering from disability is a valid consideration for inter district transfer”, the Court said.

In the operative portion of the order dated February 02, 2021, the Court has directed the opposite party to consider the claim of applicant “sympathetically in accordance with law and keeping in mind the observations made in the body of the order”.

The Court noted that, after the order dated February 02, 2021 passed, the opposite party has not taken care to abide by the direction given by the Court in the order dated February 02, 2021 which has attained finality as the opposite party has not assailed the same in appeal and has acted upon it.

In such view of the fact, the direction given by the Court in its order dated February 02, 2021 is binding between the parties, and order passed subsequent to the order dated February 02, 2021 does not give any consideration to the direction of the Court in the order dated February 02, 2021.

“In such view of the fact, a case for contempt is made out for violating the order of the Court dated February 02, 2021 in Writ-A No 460 of 2021 and not complying with the order dated July 16, 2021 passed in Writ-A No 7575 of 2021 of the Court.

Accordingly, the Court directs the opposite party to appear in person on March 9, 2022 to show cause as to why the contempt proceedings may not be initiated against him for violating the orders of the Court dated February 02, 2021 and July 16, 2021,” the Court ordered.

The Court has fixed the next hearing of the petition on March 9, 2022.

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