PARVINDER KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Supplementary affidavit filed by the petitioner is accepted on record. Application (IA 3510/15), made therefor, stands allowed accordingly. No counter affidavit has been filed on behalf of the State despite availing opportunity.

(2.) Petitioner Parvinder Kumar is rendering his services as English Teacher (L.T. Grade) eversince 6.10.2005 and is posted in Government Inter College, Baras Kund, which is an 'E' category institution in 'Y' area i.e. Ati Durgam in District Chamoli. Thus, he has served as such for almost ten years, yet his transfer is not being considered.

(3.) Last year, petitioner made a representation to the authority concerned, which was decided by the intervention of this Court, the result whereof was in negation on the ground that his transfer, being sought on spousal policy, is against the Rules 10(2)(Kha) r/w 11(3)(Ka) of the Transfer Rules. These rules contemplate that if both the spouses move an application seeking transfer in the school of 'Y' area, then they shall be eligible for making such request and the place may be allotted to them in case the vacancy exists. Petitioner's wife Smt. Rakhi is rendering service as Assistant Teacher, Elementary Education in Government Primary School Bijholi, District Hariwar, which is a nearby place to Roorkee town at a tentative distance of 2 kilometers, and that school is in 'C' category, 'X' area. Obviously, it is not the school of 'Y' area.