A female teacher can seek inter-district transfer to the place of residence of her husband or in-laws under special circumstances

Allahabad High Court: In a writ petition seeking a transfer of a teacher to the place of residence of her husband, the Court allowed the transfer in accordance with Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008.

The case before the Court was that the petitioners, husband and wife, who were Assistant Teachers in a Basic School in Azamgarh and Bahraich had applied for transfer so that they could live together. The dispute was that a person can seek for an inter-district transfer only after they complete three years of experience, which was not the case with the petitioners.

The Court adhered to the Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 which relaxes the condition of three years of experience in favour of female teachers who have been allowed to seek transfer to the place of residence of their husband or in-laws. On the basis of this Rule, the Court allowed the writ petition. [Sneh Lata v. State of U.P., 2017 SCC OnLine All 2035 decided on 11.09.2017]

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