The Allahabad High Court on Thursday directed the Secretary Basic Education Council Prayagraj to take a decision on medical basis by two assistant teachers, considering the need for mutual transfer without any formality.
The Court said that petitioners wife is suffering from cancer. He has demanded transfer with the consent of a teacher posted in his home district. The decision should be taken immediately on this.
A Single Bench of Justice S.D. Singh passed this order while hearing a petition filed by Seema Rani and Another.
The petitioners have filed a joint petition seeking mutual transfer, though the petitioner, Seema Rani, who is posted as Assistant Teacher at District Baghpat had sought transfer to Shamli. The petitioners, who is posted as Assistant Teacher at District Shamli, seeks transfer to Baghpat.
The petitioners have cited extreme family circumstances being serious ailment suffered by his wife i.e. Cancer, as the reason for the transfer sought.
The joint application of the petitioners is stated to have been filed before the respondents on February 1, 2021. The grievance of the petitioner is that though sufficient time has elapsed, no decision has been made on the joint application.
In light of those facts, the Court noted that primary decision is to be made by respondents, before whom application for mutual transfer filed by the petitioners is still pending.
Therefore, the Court disposed the petition with a direction that in case the petitioners file a copy of this order along with a copy of the petition, before the respondents, within a period of two weeks, it is expected that the said respondent shall pass a reasoned order on the petitioners representation dated February 1, 2021, as expeditiously as possible, strictly in accordance with law, preferably within a period of one month from such compliance being made by the petitioners.
“In view of the medical condition of the wife of the Petitioners having been cited as the main reason for the transfer sought, it is expected that the respondents shall consider the claim made by the Petitioners, in accordance with the existing policy guidelines, without insisting for formal technicalities especially with respect to the date of filing the application or the proforma on which the application may have been filed”
-the order reads.