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Thursday, February 4, 2016

UPTET SARKARI NAUKRI News - Posting of Husband Wife Posting at Same Place, Husband posted at other place But Court helps them by stay on Transfer order and gave relief to husabnd -

UPTET SARKARI NAUKRI   News - Posting of Husband Wife Posting at Same Place, Husband posted at other place But Court helps them by stay on Transfer order and gave relief to husabnd 


?Court No. - 33 

Case :- WRIT - A No. - 22776 of 2015 

Petitioner :- Smt. Usha 
Respondent :- State Of U.P. And 3 Ors. 
Counsel for Petitioner :- V.K. Tripathi 
Counsel for Respondent :- C.S.C. 

Hon'ble Vivek Kumar Birla,J. 
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record. 
The petitioner is working as Grih Mata Rajkiya Pramadit Sanstha (Bhi. Gri.) at Mathura. Her husband is also posted at Mathura and is working as Head Master in Primary School Dhangoan Pratham, Mathura. By means of the transfer order dated 13.4.2015, the petitioner has been transferred from Mathura to Rajkiya Ashram Pandhati Vidyalaya Balika Inter College, Shekhui Kala, Balrampur in public interest. 
The grievance of the petitioner is that her husband is posted at Mathura and her children are also studying in Classes 6 and 7 at Mathura. The counsel for the petitioner has drawn my attention to a government policy dated 9.4.2015 in which it has been provided that if possible both the husband and wife should be posted at one place/district. 
Undisputedly, the petitioner is working at Mathura since the year 2004 and 11 years have already lapsed. As such, she has already worked at Mathura for 11 years. 
However, in view of the facts and circumstances of this case and keeping in view the transfer policy, it is provided that the petitioner may make a representation before the authority concerned who has passed the transfer order dated 13.4.2015 within ten days from today along with certified copy of this order. The same shall be considered and decided by authority concerned, in accordance with law, preferably within a period of two weeks from the date of filing of such representation . 
Till the disposal of the representation of the petitioner, the impugned transfer order dated 13.4.2015 shall remain in abeyance. 
It is made clear that in case the representation is not filed by the petitioner within ten days from today, the interim protection granted by this Court shall stand automatically vacated. 
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs. 
Order Date :- 22.4.2015 

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