Hon'ble Anil Kumar,J.
(Per Uma Nath Singh, J.) We have heard learned counsel for parties and perused the pleadings.
Learned counsel for appellant submitted that despite a direction from the Superior Authority namely Assistant Director, Basic Education, to adjust the posting of the appellant near the place of posting of her husband said to be presently at Ayodhya, appellant being a lady has been transferred to a remote place at a distance of 38 Kilometers. Learned counsel referred to a Full Bench judgment of this Court rendered in the case of Tara Prasad Mishra v. State of U.P. & ors. [1990(2) UPLBEC 905] in support of his contention.
On the other hand, learned counsel appearing for the Basic Education Officer contended that the husband of appellant is not presently posted at Ayodhya and has since been shifted to Muzaffar Nagar as a Lecturer in some Intermediate College. Learned counsel also submitted that the State Government is to consider posting of couple at one place, only when it is possible and if it is difficult to post them together, the Government cannot be compelled to do so.
We have carefully considered the rival submissions of learned counsel for parties and find that the impugned order of transfer does not suffer from any infirmity inasmuch as the husband of the appellant is not working at Ayodhya, but has since been shifted to Muzaffar Nagar as a Lecturer in some Intermediate College. Besides, learned counsel for appellant did not produce any guidelines to suggest that the State Government is under any obligation to post the couple at one place under all circumstances. Thus, if it is difficult to post them together, the State Government cannot be compelled to do so.
No matter, a direction was issued by the Assistant Director, Basic Education, to his subordinates to adjust the appellant at the place of her husband's posting at Ayodhya, but now since the husband has been transferred to Muzaffar Nagar in an Intermediate College, whereas the appellant is working as Assistant Teacher in a Primary School, she cannot be posted at the place of posting of her husband, unless the institution where her husband is working has an appropriate place for the posting of appellant. Moreover, such direction cannot be issued by any superior officer to his subordinate, if it runs contrary to the guidelines, if any, issued by the Government.
Thus, the special appeal is dismissed.
Order Date: 16.9.2011 A.Nigam