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पति पत्नी दोनों के सरकारी सेवा में होने पर एक ही स्थान पर नियुक्ति का आदेश
Husband and Wife both in Government Service Should be mandatory to post at same place -
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 3
Case :- SERVICE SINGLE No. - 4836 of 2011
Petitioner :- Preeti Tripathi
Respondent :- The State Of U.P Thru Principal Secy., Basic Edu., And Ors.
Petitioner Counsel :- Alok Pandey
Respondent Counsel :- C.S.C,D.R Misra
Hon'ble Shri Narayan Shukla,J.
Heard learned counsel for the petitioner and learned Standing Counsel as well as Mr. D.R.Misra, learned counsel for opposite parties 2 to 5.
By mean of the present writ petition the petitioner has prayed for issuing a writ in the nature of mandamus commanding the opposite parties to pass necessary orders for transferring the petitioner from District Kaushambi to District Chhatrapati Shahuji Maharaj Nagar in view of the U.P. Basic Shiksh ( Teachers) (Posting) (First Amendment) Rules, 2010 and to pay her regular salary each and every month.
The Petitioner has been working as Assistant Teacher in Primary Pathshala, Block-Sirathu, Distric Kaushambi since 17-2-2009 and his husband has also been working as Assistant Teacher in Junior High School Rebha, Block Amethi, District Chhatrapati Shahuji Maharaj Nagar. Her marriage was solemnized on 23-6-2010.� She moved a representation regarding her transfer from District kaushambi to District Chhatrapati Shahuji Maharaj Nagar before Principal Secretary, Basic Education,Utter Pradesh Shashan, Lucknow� stating therein� that the documents are pending with Secretary, Basic Shiksha Parishad, Allahabad since 4-6-2011, who informed that the transfer to another district shall� be made after the approval of the Government.� The said� representation is still pending consideration. Her husband has also� moved a representation dated 18.7.2011 regarding transfer of her wife before Secretary, Uttar Pradesh Shiksha Parishad, Allahabad, which is still pending consideration.
The� Government Order dated 15.1.2010 permits the transfer of female teacher or male teacher from one district to another district after completion of five years services but in the special circumstance it permits such transfer even prior to five years,� therefore, in such cases he/she can be considered for transfer from one district� to another district.� So far as the condition imposed on transfer is concerned, once the Government Order dated 21.4.2010 permits transfer with the approval of the Hon'ble Chief Minister through Hon'ble Minister of the concerned department, it is not appropriate for the Secretary,U.P. Basic Shiksha Parishad, Allahabad to keep pending the representation of the petitioner's husband with him rather he could have referred the matter to Hon'ble Chief Minister for approval through Hon'ble Minister of concerned department.
The writ petition is disposed off finally with the� direction to consider the petitioner's matter for transfer and send the record for approval of Hon'ble Chief Minister through the Hon'ble Minister of the concerned department in terms of the Government Order dated 21.4.2010 read with Government Order dated 15.1.2010 which permits the transfer of the teachers from one district to another district where other spouse is posted.
Order Date :- 5.8.2011
GSY
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पति पत्नी दोनों के सरकारी सेवा में होने पर एक ही स्थान पर नियुक्ति का आदेश
Husband and Wife both in Government Service Should be mandatory to post at same place -
?Court No. - 3
Case :- SERVICE SINGLE No. - 4836 of 2011
Petitioner :- Preeti Tripathi
Respondent :- The State Of U.P Thru Principal Secy., Basic Edu., And Ors.
Petitioner Counsel :- Alok Pandey
Respondent Counsel :- C.S.C,D.R Misra
Hon'ble Shri Narayan Shukla,J.
Heard learned counsel for the petitioner and learned Standing Counsel as well as Mr. D.R.Misra, learned counsel for opposite parties 2 to 5.
By mean of the present writ petition the petitioner has prayed for issuing a writ in the nature of mandamus commanding the opposite parties to pass necessary orders for transferring the petitioner from District Kaushambi to District Chhatrapati Shahuji Maharaj Nagar in view of the U.P. Basic Shiksh ( Teachers) (Posting) (First Amendment) Rules, 2010 and to pay her regular salary each and every month.
The Petitioner has been working as Assistant Teacher in Primary Pathshala, Block-Sirathu, Distric Kaushambi since 17-2-2009 and his husband has also been working as Assistant Teacher in Junior High School Rebha, Block Amethi, District Chhatrapati Shahuji Maharaj Nagar. Her marriage was solemnized on 23-6-2010.� She moved a representation regarding her transfer from District kaushambi to District Chhatrapati Shahuji Maharaj Nagar before Principal Secretary, Basic Education,Utter Pradesh Shashan, Lucknow� stating therein� that the documents are pending with Secretary, Basic Shiksha Parishad, Allahabad since 4-6-2011, who informed that the transfer to another district shall� be made after the approval of the Government.� The said� representation is still pending consideration. Her husband has also� moved a representation dated 18.7.2011 regarding transfer of her wife before Secretary, Uttar Pradesh Shiksha Parishad, Allahabad, which is still pending consideration.
The� Government Order dated 15.1.2010 permits the transfer of female teacher or male teacher from one district to another district after completion of five years services but in the special circumstance it permits such transfer even prior to five years,� therefore, in such cases he/she can be considered for transfer from one district� to another district.� So far as the condition imposed on transfer is concerned, once the Government Order dated 21.4.2010 permits transfer with the approval of the Hon'ble Chief Minister through Hon'ble Minister of the concerned department, it is not appropriate for the Secretary,U.P. Basic Shiksha Parishad, Allahabad to keep pending the representation of the petitioner's husband with him rather he could have referred the matter to Hon'ble Chief Minister for approval through Hon'ble Minister of concerned department.
The writ petition is disposed off finally with the� direction to consider the petitioner's matter for transfer and send the record for approval of Hon'ble Chief Minister through the Hon'ble Minister of the concerned department in terms of the Government Order dated 21.4.2010 read with Government Order dated 15.1.2010 which permits the transfer of the teachers from one district to another district where other spouse is posted.
Order Date :- 5.8.2011
GSY
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
