Thursday, February 4, 2016

UPTET SARKARI NAUKRI News - Husband Wife Posting Same Place, If husband transfer not possible the consider wife's transfer to post at same place -

UPTET SARKARI NAUKRI   News - Husband Wife Posting Same Place, If husband transfer not possible the consider wife's transfer to post at same place 



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 20 
Case :- SERVICE SINGLE No. - 8043 of 2011 
Petitioner :- Smt. Sumitra Singh 
Respondent :- Director Bal Vikas Evam Pustahar Lucknow 
Petitioner Counsel :- S.K.Singh 
Respondent Counsel :- C.S.C. 

Hon'ble Devendra Kumar Arora,J. 
Heard learned counsel for the parties. 
By means of present writ petition, the petitioner is seeking a writ of mandamus thereby commanding the respondent to transfer to petitioner in accordance with transfer policy laid down by the State Government. 
The submission of learned counsel for the petitioner is that the petitioner and her husband both are government servant.� The petitioner is presently working on the post of Mukhya Sevika, Block Baansdeeh, District Ballia, whereas the petitioner's husband is working� on non-transferable post as teacher in Shri Shiv Pujan Inter College, Malsa Ghazipur, District Ghazipur. 
It is further submitted by learned counsel for the petitioner that the government policy provides that if husband and wife are government servant, as far as possible, they should be posted at one place.� Since the job of the petitioner's husband is non-transferable, therefore, the petitioner approach the opposite party by means of representation dated 12.02.2011 for seeking her transfer to district Ghazipur. The grievance of the petitioner is that the opposite party is sitting tight over the matter and no action has been taken on the same. 
Learned counsel for the petitioner after arguing at some length prays that ends of justice would be served if necessary directions are issued to the opposite party to consider and decide the representation of the petitioner dated 12.02.2011 (Annexure-3 to the writ petition) regarding her transfer to district Ghazipur in accordance with law/ policy of the State Government, within time frame fixed by this Court. 
Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner. 
Taking into consideration the innocuous prayer of learned counsel for the petitioner, without entering into merits of the case, the Director, Bal Vikas Evam Pushtahar, U.P., Lucknow� is hereby directed to consider and decide the representation of the petitioner dated 12.02.2011 (Annexure-3 to the writ petition) in accordance with law/ policy of the State Government within a period of two months from the date of receipt of a certified copy of this order. 
With the aforesaid observations and directions, the writ petition is disposed of finally. 
Order Date :- 4.11.2011 
Suresh/ 

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