Consider Sacrifices Of Defence Personnel; Marital Discord No Ground: Allahabad HC Rejects Teacher's Plea Seeking Mid-Term Transfer

The Allahabad High Court recently dismissed a writ petition filed by a female teacher requesting a mid-term intra-district transfer as it emphasised that marital discord can't be a strong enough ground for seeking transfer. While rejecting her plea, the Court highlighted the example of uniformed personnel who serve the nation under some of the harshest conditions. “Save a thought for our men and women in uniform, who serve in the most inhospitable terrains under most trying conditions. If our uniformed personnel start vying for cozy home postings, who will protect the nation's sovereignty. Teachers should remember the inspiring lives and conduct of our uniformed personnel who put service of the nation before satisfaction of personal comfort and welfare”, a bench of Justice Ajay Bhanot observed. The single judge also added that transfer to places of choice is the most cherished aspiration of teachers, and it appears that the ambition to impart knowledge and mould young minds in the cast of our constitutional values has taken a back seat among many teachers. In its order refusing relief to the petitioner, the Court also highlighted the crucial role played by the teachers in the students' lives. It observed : “Teachers have always been revered in Indian traditions and are venerated in constitutional law. Teachers are regarded as role models. The lives and example of teachers provide the ethical framework and moral compass to the nation's future leaders.” Regarding transfers of the employees, the Single judge noted that it is an incident of service and that no teacher has a vested right to seek transfer to a place of their choice as the students and institutional interest are paramount to other aspects.In this case, the respondents had opposed her plea, contending that the school where the petitioner is teaching has a strength of 103 students and there are only two teachers, and if the petitioner is transferred, it will reduce the strength of the teacher to below the requisite standard and will badly affect the student-teacher ratio.Dismissing her plea, the bench granted her liberty to make a representation to the competent authority and asked the employer to consider such representation as per government policy while being mindful of protecting students' rights, preventing disruptions in academic schedules, and protecting institutional interests.Case title - Shubhra Rai vs. State Of Up And 3 Others 2025 LiveLaw (AB) 36Case citation : 2025 LiveLaw (AB) 36Click Here To Read/Download Order

Consider Sacrifices Of Defence Personnel; Marital Discord No Ground: Allahabad HC Rejects Teacher's Plea Seeking Mid-Term Transfer

Sparsh Upadhyay

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