Court No. - 39
Case :- WRIT - A No. - 13256 of 2019 Petitioner :- Smt. Laxmi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Kashyap,V.P. Singh Kashyap Counsel for Respondent :- C.S.C.,Satish Chandra Yadav
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for the respondent no.1 and Sri Satish Chandra Yadav, learned counsel for the respondent nos. 2 and 3.
Learned counsel for the petitioner submitted that petitioner was appointed as Assistant Teacher by the District Basic Shisha Adhikari vide order dated 9.10.2015 and posted at Uchha Prathmik Vidyalay Laharan Bahajoi, District Sambhal. Husband of petitioner is also Assistant Teacher and presently he is posted in Prathmik Vidyalay Soan Budhi Dahagavan, District Budaun, which is at very long distance from District Sambhal. 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 that 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. The petitioner moved an application 6.7.2018 and another application dated 11.6.2019 for her transfer from Sambhal to Budaun before the respondent no.2, but till date same has not been decided. Lastly, he submitted that a suitable direction may be issued to respondent no.3 to consider the grievance of the petitioner and transfer the petitioner to District Budaun or other adjoining Districts.
Sri Satish Chandra Yadav, learned counsel for the respondent nos. 2 and 3 submitted that applications 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.3 to consider and decide the application of the petitioner 11.6.2019 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.3 to decide the application of the petitioner after considering the Rules and Government Order occupying the field.
Order Date :- 26.8.2019 Rmk.