महिलाओं के लिए बेहद तकलीफ है या तो बेसिक शिक्षक जॉब की कुर्बानी दें या फिर बच्चों की देखभाल, परिवार पति से दूर रह कर नोकरी करते रहें।
महिला सशक्तिकरण के लिए हमारे देश की सरकार प्रतिबध्द है ,
केंद्र और राज्य सरकारों के लगभग सभी विभागों ने सरकारी सेवा में कार्यरत पति पत्नी के लिए नियम कानून भी बनाया हुआ है कि पति व पत्नी को एक ही स्थान पर पोस्टिंग देने की पूर्ण कोशिश करें।
अब बेसिक शिक्षा में इनकी मुश्किलों का समाधान होगा कि नहीं, ये भविष्य बताएगा।
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 16
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5041 of 2017
Applicant :- Priyanka Tiwari
Opposite Party :- Sri Sanjay Sinha,Secry', Basic Edu. Board U.P. Allahabad
Counsel for Applicant :- Neeraj Pandey
Hon'ble Ashwani Kumar Mishra,J.
This contempt petition alleges disobedience of an order passed by the writ court on 9.8.2017 in Writ Petition No.35382 of 2017, which reads as under:-
"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."
It is stated that the aforesaid order has been served upon the opposite party by registered post on 25.8.2017, but it has not been complied with.
In case the allegations made in this petition are correct then prima facie a case of disobedience of the order of writ court is made out. However, in the facts and circumstances, this Court finds it appropriate to grant one further opportunity to the opposite party to ensure compliance of the order of writ court.
Office is directed to send a copy of this petition to the opposite party concerned alongwith a copy of this order. It shall keep a record of the same. Process fee for the purpose be supplied by the applicant within a week.
This contempt petition is, accordingly, disposed of with a direction upon the opposite party to ensure compliance of the order of writ court, in accordance with law, within a period of four weeks from the date of presentation of certified copy of this order. Liberty, however, is reserved to the applicant to approach this Court again in case order of the writ court is not complied with.�
Order Date :- 8.11.2017
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