: (Per G.D. Kamat, C.J. ) Appellant is a Primary School Teacher, who has been, for quite some time, working as such at Primary School, Ishwariya, Taluka Kutiyana. By a mass transfer order of 30th May, 1996, the appellant was transferred from Ishwariya, to Prabhas Patan. However, the mass transfer order dated 30th of May, 1996 was canceled by order dated 26th July, 1996, with the result the appellant was retained at Ishwariya.
Appellant challenged the order of cancellation dated 26th July, 1996 before the learned single Judge, who rejected the same by the impugned order dated 12th September, 1996. It appears that, the genesis for cancelling the mass transfer order was that, upon enquiry, it was found that there were large number of irregularities committed, with the result, the mass transfer order of primary teachers was revoked by the order dated 26th July, 1996. It is in the light of these facts that the learned single Judge thought it fit not to grant any relief.
Though several questions were raised before us, including the Guideline issued by the Government from time to time in the matter of transfer of Government Servants, we do not think it appropriate to interfere in this sort of matters. The appellant had indeed made a representation to the District Primary Education Officer, but, however, the complaint of the appellant is that the said representation has also not been disposed of. Appellant's case is that she has a small baby and her husband is also a Primary School Teacher, who is posted at Prabhas Patan and she has been separated from her husband since quite some time. The Guidelines otherwise indicate that, ordinarily, husband and wife, if they are Government Servants, are kept at one station, or at least, in a nearby station. In our view, an observation, giving liberty to the appellant to apply to the Director of Primary Education to consider her request, for transfer and / or placing the appellant and her husband at one station or nearby stations, sympathetically, will take care of the situation. Accordingly, the appellant to make such a representation within a week and the first respondent is directed to dispose of the same within 15 days from the date of receipt of the same. The appellant has agreed to attend the Primary School at Ishwariya from 1st of October, 1996. The appellant taking her station at Ishwariya shall not come in the way of deciding her representation, as mentioned above.
Subject to the aforesaid observations, the Letters Patent Appeal is rejected.
23rd September, 1996( G.D. Kamat, C.J. ) ( C.K. Thakkar, J. ) ****** (apj)