TARA JOSHI Vs. STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY, SCHOOL EDUCATION, CIVIL SECRETARIAT, DEHRADUN.& ORS.

JUDGEMENT

(1.) APPELLANT has been transferred to Government Higher Secondary School, Basantpur, Almora. This school is about 70 kms. away from the place of posting of her husband, who is also a government employee. Appellant, ac­cordingly, made a representation for be­ing accommodated in a school closer to the workplace of her husband. In the rep­resentation, she highlighted that she has a 9 months' old baby, and accordingly, if she is accommodated in a school near the workplace of her husband, it will be easier for the appellant and her husband to take care of their little child. Subse­quent thereto, the appellant was tempo­rarily attached to the Government Girls Inter College, Jaiti, Almora. Inasmuch as, the same was a temporary attachment and not a permanent transfer, the peti­tioner (appellant herein) filed a writ peti­tion and thereby contended that having regard to the policy of the government and representation made by her, she was attached to the Government Girls Inter College, Jaiti, Almora, and accordingly, the said temporary attachment should be converted into a permanent transfer.

(2.) WHILE the writ petition was consid­ered by a learned Single Judge, His Lord­ship, according to us, correctly held that the policy of the government to keep the husband and wife posted at the same place is mandated with the words "as far as practicable", and accordingly, there is no indefeasible right of a government employee to insist that the said policy of the government should be adhered to in toto in all cases and there is no leverage in the matter of effecting postings when it is not practicable to post two employ­ees of the government, who are husband and wife, at the same place.

(3.) HOWEVER , considering the fact th; t immediately after the order under appeal was passed, the attachment of the appel­lant with Government Girls Inter College, Jaiti, Almora was withdrawn or revoked and further taking into account the fact that as yet nothing has been communi­cated to the appellant on the representa­tion she had made, we think that the appellant has been able to make out a case, and accordingly, while admitting the appeal and after hearing the parties, we dispose of the appeal by directing that the appellant be retained attached to Govern­ment Girls Inter College, Jaiti, Almora until such time her representation is de­cided and communicated to the appel­lant. While deciding the representation, the authorities competent are directed to consider the distance as highlighted by the appellant of the workplace of the ap­pellant and the workplace of her husband, as also the fact that there may be vacancies available at places nearby the place where the husband of the appellant is working.