HUSBAND WIFE, ALLAHABAD HIGHCOURT : पति-पत्नी को एक ही जगह ट्रांसफर पोस्टिंग व महिलाओं को ससुराल में भी पोस्टिंग देने का कोर्ट का सख्त आदेश, 5 वर्ष का सेवाकाल जरुरी नहीं, आदेश देखें, दूसरा आदेश भी यहीं क्लिक कर देखें ।

HUSBAND WIFE, ALLAHABAD HIGHCOURT : पति-पत्नी को एक ही जगह ट्रांसफर पोस्टिंग व महिलाओं को ससुराल में भी पोस्टिंग देने का कोर्ट का सख्त आदेश, 5 वर्ष का सेवाकाल जरुरी नहीं, आदेश देखें, दूसरा आदेश भी यहीं क्लिक कर देखें ।

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 17

Case :- WRIT - A No. - 35382 of 2017

Petitioner :- Priyanka Tiwari
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Neeraj Pandey
Counsel for Respondent :- C.S.C.,Shesh Chand Upadhyay

Hon'ble Pradeep Kumar Singh Baghel,J.
Counsel for the petitioner prays that he does not want to press prayer no. (i). He is permitted to delete the said prayer.
The petitioner is an assistant teacher in a junior basic school namely Kanya Poorv Madhyamik Vidyalaya, Pachpahra-H, Block Kabrai, district Mahoba. Her grievance is that her husband is a trained graduate teacher, Science,� and is currently posted at Chitrakoot Inter College, Karvi, Chitrakoot. She has made a representation dated 17.7.2017 to the Secretary, U.P. Basic Education Board for her transfer at the place where her husband is posted on the ground of couple posting.
Learned counsel for the petitioner submits that transfer policy of the State Govt. provides that in case the spouse is working at different places, then endeavour shall be made for their posting at the same place. However, the claim of such transfer has been affected by Govt. Order dated 13.6.2017 wherein certain conditions have been imposed for entertaining applications for couple posting. One of the conditions is that application of only those teachers shall be entertained who have completed minimum five years' service on 31st March of the year of application. Learned counsel urges that said Govt. Order is contrary to Rule 8(2)(d) of U.P. Basic Education(Teachers)(Posting) Rules, 2008.
learned counsel has drawn attention of the Court to an order dated 19.7.2017 of this Court passed in Writ-A No. 30808 of 2017, Bibha Singh Kushawaha Vs. U.P. Basic Education Board and others, wherein same issue fell for consideration before the Court. Relevant part of the said order is extracted below :
"It is trite that in most of the services of the Central Government and the State Governments, there is provision in their transfer policy that an endeavour should be made that husband and wife may be posted at the same place. In view of the said principle, under the Rules 2008 the provision of the couple posting has been incorporated.
The intention of rule making authority is very clear and it needs no elaboration. Relevant it would be to mention that in transfer policy of State Government for Government employees there is provision only for husband and wife but in Rule 8(d) of the Rules, 2008 the in-laws of the female teachers have also been included. Hence, in my view, in spite of the Government Order dated 3.5.2017 a female teacher's application for her transfer on the ground of couple posting or in-laws can be entertained notwithstanding some of the contrary provisions of the said Government order.
For the above-mentioned reasons, there is no legal bar in considering the representation of the petitioner in terms of Rule 8(d) of the Rules, 2008.
Accordingly, a direction is issued upon the first respondent to consider the representation of the petitioner in the light of the observations made herein-above and pass appropriate order expeditiously, preferably within six weeks from the date of communication of this order.
The writ petition is, accordingly, disposed of."
I have heard learned counsel for the petitioner, learned standing counsel and Sri Shesh Chand Upadhyay for the BSA.�
Taking into consideration facts of the present case, I am of the view that petitioner is entitled for benefit of the order extracted hereinabove.
Accordingly,� a direction is issued upon the third respondent to consider grievance of the petitioner in the light of the judgment extracted above, expeditiously within two months from the date of communication of the order.
With the above direction, the present writ petition stands finally disposed of. No order as to costs.
Order Date :- 9.8.2017
SNT/

📌 ALLAHABAD HIGHCOURT, HUSBAND WIFE, TRANSFER, POSTIN : माननीय उच्च न्यायालय, इलाहाबाद का आदेश पति-पत्नी को एक ही जगह स्थानान्तरण/पोस्टिंग देने का सख्त आदेश, 5 वर्ष का सेवाकाल जरुरी नहीं, क्लिक कर जारी आदेश देखें ।