Physically handicapped teachers working in an up-and-coming district may also request transfers between the districts

Amar Ujala Network, Prayagraj

Published by: Vinod Singh
Updated Sun 11 July 2021 11:05 PM IST

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The Allahabad Supreme Court has ruled that even if a physically challenged assistant teacher is appointed in the aspirant’s ward, he or she is entitled to request an inter-ward transfer. The court said that under the mandate dated December 2, 2019 and Rule 8 (2) D of the Service Regulations for Assistant Teachers, he may request a transfer. The court has ordered the Secretary of the Basic Education Council to make a benevolent decision regarding the transfer of a physically challenged assistant teacher from the emerging Sonbhadra District to Chitrakoot.Judge MC Tripathi gave this order at the request of Shobha Devi, Sonbhadra’s assistant teacher. The petitioner’s attorney Naveen Kumar Sharma said the petitioner had requested a cross-district transfer from Sonbhadra to Chitrakoot. However, on December 31, 2020, his online application was canceled without giving a reason. This order was challenged in the petition. The lawyer said the petitioner’s husband was stationed at the Chitrakoot Health Department and that his son had had an operation on heart disease since he was born. The petitioner himself is also physically disabled. The attorney also cited the Divya Goswami case, saying that under special circumstances a transfer between districts can be requested.

As a rule, women are also exempt from this. Additional permanent chief attorney Sanjay Kumar Singh said that the mandate of December 15, 2020, which came after the decision on the Divya Goswami case, is in effect. If the petitioner makes a new request, it will be considered in accordance with the rules. The court stated that the petitioner was physically disabled and that his son also had heart disease, so the petitioner’s application would be considered benevolently and a decision would have to be made in 6 weeks. It is noteworthy that the state government has declared 8 districts of the state, including Sonbhadra, to be emerging districts. This means that the districts are very backward in terms of education. Therefore, the government has banned all types of teacher changes in these districts. Under normal circumstances, a teacher working in the budding district cannot request a cross-district transfer.

Detailed

The Allahabad Supreme Court has ruled that even if a physically challenged assistant teacher is appointed in the aspirant’s ward, he or she is entitled to request an inter-ward transfer. The court said that under the mandate dated December 2, 2019 and Rule 8 (2) D of the Service Regulations for Assistant Teachers, he may request a transfer. The court has ordered the Secretary of the Basic Education Council to make a benevolent decision regarding the transfer of a physically challenged assistant teacher from the emerging Sonbhadra District to Chitrakoot.

Judge MC Tripathi gave this order at the request of Shobha Devi, Sonbhadra’s assistant teacher. The petitioner’s attorney Naveen Kumar Sharma said the petitioner had requested a cross-district transfer from Sonbhadra to Chitrakoot. However, on December 31, 2020, his online application was canceled without giving a reason. This order was challenged in the petition. The lawyer said the petitioner’s husband was stationed at the Chitrakoot Health Department and that his son had had an operation on heart disease since he was born. The petitioner himself is also physically disabled. The attorney also cited the Divya Goswami case, saying that under special circumstances a transfer between districts can be requested.

As a rule, women are also exempt from this. Additional chief attorney Sanjay Kumar Singh said that the mandate of December 15, 2020, which came after the decision in the Divya Goswami case, is in effect. If the petitioner makes a new request, it will be considered in accordance with the rules. The court stated that the petitioner was physically disabled and that his son also had heart disease, so the petitioner’s application would be considered benevolently and a decision would have to be made in 6 weeks. It is noteworthy that the state government has declared 8 districts of the state, including Sonbhadra, to be emerging districts. This means that the districts are very backward in terms of education. Therefore, the government has banned all types of teacher changes in these districts. Under normal circumstances, a teacher working in the budding district cannot request a cross-district transfer.

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( News Source – Amar Ujala )

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