DEEPA VISHISTHA Vs. DIRECTOR OF EDUCATION ALLD

JUDGEMENT

(1.) S. Rafat Alam, J. In the instant writ petition the petitioner has come for issuance of a writ of certiorari quashing the order dated 13-2-1996, contained in Annexure 23 to the writ petition, whereby her representation against the order of transfer has been rejected by the respondent No. 1, viz. the Director of Education (Higher Education), U. P. , Allahabad. The impugned order has been challenged on the ground, inter alia, that the same is in violation of the Government policy to post husband and wife together and also contrary to the earlier direction/order of this Court dated 11-11-1995 Annexure-21 ).

(2.) THE short facts of the case are that the petitioner is a Lecturer (Music) and posted in Government Post Graduate College, Rampur since 1982. Her husband, who is the Project Officer in Non-Formal Education has also been posted at Rampur, in view of the Government policy to keep husband and wife posted at one place. By officer order dated 4-6-1994 several teachers of different subjects were transferred including the petition who has been transferred from Rampur to Ranikhet.

(3.) IN compliance to the aforesaid directions of this Court, her repre sentation was considered on merit by the Director of Education (Higher Education) U. P. , Allahabad who rejected the same by his order dated 26-9-1995 holding that the alleged letter dated 17-5-1995 of the Hon'ble Chancellor has not been received in the office. It has further been held that the petitioner was relieved on 20-0-1994 to enable her to submit her joining at the transferred place, i. e. , Ranikhet but inspite of the relieving order and direction dated 22-7-1994 to submit her joining report immediately, she did not join the post.