# Yadav v. State of U.P. and others

- **Citation:** (2010) 1 ILRA 414
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2010-04-02
- **Case number:** Civil Misc. Writ Petition No. 4572 of 2007
- **Bench:** Sunil Ambwani
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/yadav-v-state-of-u-p-and-others-41499
- **Pages:** 3

## Headnote

Constitution of India Art. 226- TransferAssistant Teacher in Primary School run
by district Social welfare officer-Transfer
from
one
institution
to
another
institution-not
permissible-grievance
that at Transferred institution- one Mr.
'A' even after his retirement interfering
with the affairs of the institution- on
inquiry the D.D.E. rightly held the
petitioner should go back of her previous
institution
warrant
no
interference-
Petition dismissed-petition has no right
to question functioning- where transfer
order itself illegal.

Held Para-10

There is no good ground made out to
interfere with the impugned order. The
Director, Samaj Kalyan had clarified by
his circular letter dated 27.3.1987 that
all the primary schools running for the
benefit of scheduled caste students from
the government funds were independent
units and that the inter-se transfer
between these schools was not allowed.
The
petitioner's
transfer
after
the
clarification dated 27.3.1987 in the year
1988, was not a regular transfer and
thus she did not have a right to take over
as Head Mistress at Anusuchit Primary
Pathshala at Mudiyar, Block Mirzapur,
Tehsil Nizamabad in District Azamgarh
and to run the school.

## Text

414 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
Petition No 14821 of 2008 Vijay Kumar
Yadav vs. State of U.P. and others
decided on 13.7.2009.

Accordingly, this Court is of the
view that the petitioner is entitled to get
relief.

5. This writ petition succeeds and is
allowed. Respondents are directed to
ensure payment of outstanding amount as
may be found due and payable to the
petitioner with the interest of twelve per
cent per annum from one month after the
date of entitlement to the date of payment.
The payment has to be ensured within a
period of six weeks from the date of
receipt of this order.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 02.04.2010

BEFORE
THE HON'BLE SUNIL AMBWANI, J.

Civil Misc. Writ Petition No. 4572 of 2007

Smt. Malti Devi

...Petitioner
Versus
The State of U.P. & others ...Respondents

Counsel for the Petitioner:
Sri Girish Chandra Yadav
Sri R.K. Misra
Sri V.K. Rai
Counsel for the Respondents:
Sri R.K. Singh
C.S.C.

Constitution of India Art. 226- TransferAssistant Teacher in Primary School run
by district Social welfare officer-Transfer
from
one
institution
to
another
institution-not
permissible-grievance
that at Transferred institution- one Mr.
'A' even after his retirement interfering
with the affairs of the institution- on
inquiry the D.D.E. rightly held the
petitioner should go back of her previous
institution
warrant
no
interference-
Petition dismissed-petition has no right
to question functioning- where transfer
order itself illegal.

Held Para-10

There is no good ground made out to
interfere with the impugned order. The
Director, Samaj Kalyan had clarified by
his circular letter dated 27.3.1987 that
all the primary schools running for the
benefit of scheduled caste students from
the government funds were independent
units and that the inter-se transfer
between these schools was not allowed.
The
petitioner's
transfer
after
the
clarification dated 27.3.1987 in the year
1988, was not a regular transfer and
thus she did not have a right to take over
as Head Mistress at Anusuchit Primary
Pathshala at Mudiyar, Block Mirzapur,
Tehsil Nizamabad in District Azamgarh
and to run the school.

(Delivered by Hon'ble Sunil Ambwani, J.)

1. Heard Shri Girish Chandra
Yadav, learned counsel for the petitioner.
Learned Standing Counsel appears for the
State respondents. Shri Ram Kirti Singh
appears for the respondent no. 6.

2. The petitioner Smt. Malti Devi
was appointed as Assistant Teacher in
Anusuchit Jati Primary Pathshala Charan
Raj Pokhare Chiraiya Kot, District
Azamgarh in the year 1982. It is stated by
her in para-3 of the writ petition that she
was transferred from Chiraiyakot to
Girdharpur and again from Girdharpur to
Badi Korauli Saraimeer in 1983. She was
lastly transferred from Badi Korauli to
Mudiyar in place of Shri Ram Awadh
Ram and started functioning as Head
Mistress after the retirement of Shri Ram
1 All] Smt. Malti Devi V. The State of U.P. and others
415
Awadh Ram on 30.6.2004 after session's
benefit.

3. It appears that Shri Ram Awadh
Ram continued to interfere in the affairs
of the institution even after his retirement.
The District Social Welfare Officer,
Azamgarh
forwarded
petitioner's
application on 30.3.2005 to Incharge
Inspector Kotwali, Phoolpur, Azamgarh
to restrain Shri Ram Awadh Ram from
interfering in the teaching and distribution
of mid day meal in the school. After about
one year on 17.7.2006 Shri Raghunath
made an application on 'Janta Diwas' to
the District Social Welfare
Officer
alleging that the teaching work was not
carried out in the School efficiently, and
that the petitioner is a quarrelsome lady.
An inspection was earlier carried out in
the school on 27.1.2006 in which the
Deputy
Director,
Social
Welfare,
Azamgarh Region, Azamgarh found that
the attendance of the students in the
school is very poor. The petitioner had
manipulated the attendance register of the
teachers and students. He recommended
that the petitioner's salary be stopped. The
Deputy Director also found that the
petitioner's transfer to the institution was
irregular.

4. The petitioner has prayed for
quashing the inspection report and the
recommendations of her transfer.

5. Learned counsel for petitioner
submits that Shri Ram Awadh Ram has
superannuated but is still interfering in the
affairs of the institution. He has not
handed over the records of the institution
to the petitioner. The Deputy Director in
his report dated 27.1.2006 had found that
Ram Awadh retired Headmaster was still
keeping the records of the school with
him. The recommendations to stop
petitioner's salary and to transfer her was
actuated by the malafides with the
interference of Shri Ram Awadh.

6. Shri Visheshawar Singh, Deputy
Director,
Social
Welfare,
Azamgarh
Region, Azamgarh has stated in the
counter affidavit that the petitioner's
transfer order dated 2.2.1988, was illegal
and in valid. All the institutions under the
District Social Welfare Officer are
running independently and there is no
provision
for
transfer.
The
Deputy
Director, Social Welfare and District
Social Welfare Officer had cancelled the
transfer order of the petitioner vide office
memo dated 23.4.2004, as well as the
letter dated 8.12.2005. In paragraph-4 of
the counter affidavit the contents of
paragraph-3, that she was transferred from
Dharamdas Ka Pokhara Chiraiya Kot
Mau to some other Pathashala is denied. It
is further stated that the dispute between
Ram Awadh and the petitioner has no
concern with her transfer order. In the
inspections, it was found that the
petitioner had manipulated the attendance
register. The attendance of the students
was very low and that the petitioner was
not managing the school properly. After
the retirement of Shri Ram Awadh the
charge was given to Shri Bhrigunath,
Assistant Teacher on 7.3.2006. The
petitioner was insisting upon handing
over charge to her. After cancellation of
her transfer she could not be handed over
the charge of the school.

7. The circular letter of the Director,
Harijan
and
Samaj
Kalyan
dated
27.3.1987 annexed as Annexure-1 to the
counter affidavit shows that at that time
there were 492 educational institutions
running in the State for the benefit of the
416 INDIAN LAW REPORTS ALLAHABAD SERIES [2010
Scheduled Caste students out of which
295 were primary schools. All these
institutions are independent institutions
with no provision of transfer. The
Director had issued the instructions that
the
teachers
receiving
salary
from
government account were required to
maintain their provident fund account
with the treasury and not in the post
office.

8. It appears that the petitioner was
transferred by the order of District,
Harijan
and
Samaj
Kalyan
dated
13.7.1983 from Girdharpur to Badi
Korauli before the orders were issued by
the Director, Harijan and Samaj Kalyan,
Uttar
Pradesh
clarifying
that
the
institutions are independent institutions
and
that
inter-se
transfer
is
not
permissible. The petitioner's transfer to
Mudiyar was in teeth of the directions of
the Director, Samaj Kalyan prohibiting
such transfers. On the retirement of Shri
Ram Awadh, the charge of the institution
was handed over to Shri Bhrigunath and
that by letter dated 17.7.2006 the
petitioner Smt. Malti Devi was required to
comply with the orders of Deputy
Director,
Samaj
Kalyan,
Azamgarh
Region, Azamgarh.

9. From the pleadings it is apparent
that after petitioner's illegal and irregular
transfer to Primary Pathashala Mudiyar,
Azamgarh. Shri Ram Awadh did not
accept her as Assistant Teacher in the
institution and that on his retirement he
allowed Shri Bhrigunath to take over
charge. In between Smt. Malti Devi was
insisting upon running the school as Head
Mistress. The dispute was decided by the
Deputy Director, Samaj Kalyan by his
order dated 15.7.2006, on which Smt.
Malti Devi was required to go back to the
school from where she was transferred.
Even otherwise the Deputy Director had
found in his inspection that she was not
carrying out her duties properly and had
manipulated the attendance register.

10. There is no good ground made
out to interfere with the impugned order.
The Director, Samaj Kalyan had clarified
by his circular letter dated 27.3.1987 that
all the primary schools running for the
benefit of scheduled caste students from
the government funds were independent
units and that the inter-se transfer between
these schools was not allowed. The
petitioner's transfer after the clarification
dated 27.3.1987 in the year 1988, was not
a regular transfer and thus she did not
have a right to take over as Head Mistress
at
Anusuchit
Primary
Pathshala
at
Mudiyar,
Block
Mirzapur,
Tehsil
Nizamabad in District Azamgarh and to
run the school.

11. The writ petition is dismissed.
---------