HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 12292 of 2019 Petitioner :- Soma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Singh Counsel for Respondent :- C.S.C.,Shashi Kant Verma Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for the respondent no.1 and Sri Shashi Kant Verma, learned counsel for the respondent nos. 2 & 3.
Learned counsel for the petitioner submitted that petitioner was appointed as Assistant Teacher by the District Basic Shisha Adhikari vide order dated 5.9.2018 and posted at Primary School Kota, Block Obara, District Sonbhadra and submitted her joining on 1.10.2018. Husband of petitioner is a computer operator in Police Department, U.P. and posted at District Rampur, which is at very long distance from District Sonbhadra.
He next submitted that as per Para 1 of Sub-para Gha of Transfer Policy of State Goverment dated 3.5.2017 provides that if husband and wife both are in service, as far as possible, they shall be posted at one place.
He further submitted this Court in the matter of Bibha Singh Kushwaha Vs. U.P. Basic Education Board, Allahabad and 3 others has held that if husband and wife both are in service, they shall be posted at same place.
Petitioner moved an application dated 8.7.2019 before the respondent no.2 for her transfer from District Sonbhadra to Rampur or nearby Districts i.e. Moradabad, Amroha and Bijnor, but till date same has not been decided. Lastly, he submitted that a suitable direction may be issued to respondent no.2 to consider the grievance of the petitioner and transfer the petitioner to District Rampur or other adjoining Districts.
Mr. Shashi Kant Verma, learned counsel for the petitioners submitted that application of the petitioner shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent no.2 to consider and decide the application of the petitioner dated 8.7.2019 strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order. Petitioner is also given liberty to file fresh application alongwith certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.2 to decide the application of the petitioner after considering the Rules and Government Order occupying the field.
Order Date :- 26.8.2019 Junaid
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