BARKHA SINGH Vs. STATE

JUDGEMENT

(1.) WE have heard learned counsel for parties and perused the pleadings.

(2.) 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. and 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.