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बाराबंकी जनपद में सरप्लस समायोजन पर स्टे । सचिव बेसिक शिक्षा परिषद् से मांगे गए इंस्ट्रक्शन
बाराबंकी सरप्लस समायोजन मुद्दा
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 24797 of 2018
Petitioner :- Parul Shukla & Ors.
Respondent :- State Of U.P. Thru. Secy. Basic Edu & Ors.
Counsel for Petitioner :- Ashok Kumar Verma
Counsel for Respondent :- C.S.C.,Rahul Shukla
Hon'ble Irshad Ali,J.
Heard learned counsel for the petitioners.
Learned Chief Standing Counsel has accepted notice on behalf of respondent Nos.1, 2 and 5.
Sri Rahul Shukla, learned counsel has accepted notice on behalf of respondent Nos.3 and 4.
The controversy in the present writ petition is that the petitioners were granted appointment in an institution situated in a rural area. Vide a notification, the institution in question was brought within the purview of of the Nagar Palika Nawabganj, District Barabanki. Therefore, the submission of learned counsel for the petitioners is that under Rule 2 of U.P. Basic Education (Teachers) Service Rules, 1981 it has been provided that the adjustment of the teachers working in rural areas shall be made in rural areas and the teachers working in urban areas shall be adjusted in urban areas except some exceptions provided under the rules. He further relied upon a judgment of this Court, wherein, the rule referred herein above was affirmed.
In view of the above, learned counsel for the petitioners submits that the proceeding of respondents, under which they are going to make adjustment of the petitioners in rural areas, is not sustainable in law.
On the other hand, the submission of learned counsel appearing on behalf of respondent Nos.3 and 4 is that in case the institution was in rural area and subsequently it was brought within the purview of urban area, the teachers working in that institution can be adjusted in rural areas. He next submitted that the appointment of the teachers in the institution was made treating that institution to be a rural area institution at the relevant point of time. Therefore, the respondents may make adjustment of the surplus teachers working in the primary schools, which has now been brought within the purview of urban area.
After having heard the contentions advanced by learned counsel for the parties and perused the material on record.
In regard to the adjustment of the teachers from rural area to rural area and from urban area to urban area, there is a specific provision under U.P. Basic Education (Teachers) Service Rules, 1981, which is being quoted below:
"Rule 2 - Definitions
(k) "Rural Local Area" means the area over which a (Zila Panchayat) exercises jurisdiction;
(r) "Urban Local Area" means the area over which a Nagar Nigam, Nagar Panchayat, Town Area Committee or Notified Area Committee exercise jurisdiction;"
This rule was interpreted by this Court in the judgment dated 20.04.2015 in the case of Mumtaz Tarannum passed in Writ Petition No.1273 (S/S) of 2014, wherein, it was held as under:
"As far as the service conditions of the teachers of these institutions are concerned, statutory rules have been framed, which are known as U.P. Basic Education (Teachers) Service Rules, 1981, which inter alia defines Rural Local Area to mean the area over which a Zila Parishad exercises jurisdiction. Urban Local Area has been defined to mean the area over which a Nagar Mahapalika Municipal Board, Town Area Committee, or Notified Area Committee exercises jurisdiction. Thus, the 1972 Act and the Service Rules 1981 lay down clear distinction between the Urban Local Area and Rural Local Area. These institutions situated both in an Urban Local Area and Rural Local Area are to be governed and managed by the provisions of the Service Rules 1981. An institution which falls under a Zila Panchayat will be an institution situated in Rural Local Area and an institution situated in a Nagar Mahapalika, Municipality, Town Area Committee, Notified Area Committee or any other such body of Urban Local self governance will be an institution situated in Urban Local Area.
On account of rapid urbanization, there may be a situation when an institution at the time of its establishment or creation may be situated in a Rural Local Area and by passage of time with the development around such an institution, the same institution may fall within the local limits of an Urban Local Body"
In view of the above, the petitioners have made out a case for grant of interim order.
Learned Standing Counsel and Sri Rahul Shukla, learned counsel appearing on behalf of the respondents pray for and are allowed three weeks' time to file counter affidavit.
Rejoinder affidavit, if any, may be filed within a week thereafter.
List immediately thereafter.
In the meantime, the petitioners shall not be adjusted from the institution in question to primary schools of rural areas.
Order Date :- 30.8.2018