पति पत्नी सरकारी नोकरी के आधार पर कोर्ट ने इस आदेश में भी राहत दी, आखिर पति पत्नी साथ रहें, कुछ तो करे सरकार - -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 17
Case :- WRIT - A No. - 41950 of 2017
Petitioner :- Sneh Lata And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rateesh Singh
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
Petitioner no. 1 is an Assistant Teacher in a Basic School situated in Block Mirzapur, District Azamgarh run by the Board of Basic Education, Uttar Pradesh. Petitioner no. 2, who claims to be husband of petitioner no. 1, is also an Assistant Teacher in a Basic School run by the Board of Basic Education in district Bahraich. Both the petitioners have preferred this writ petition for a direction upon the second respondent to consider their transfer at the same place, so that they, who are wife and husband, can live together.
It is contended by the petitioners that the Secretary, Board of Basic Education, U.P. in pursuance of the Government orders has framed a policy for inter-district transfer of the teachers. In pursuance of the said Government order, online applications were invited by the Board of Basic Education. However, the grievance of the petitioners is that one of the conditions in such online application is that the candidate must have three years' experience. However, it is mentioned under Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (for short, the "Rules, 2008") that in the special circumstances the applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district. Rule 8(2)(d) of the Rules, 2008 reads as under:
"(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband on in law's district."
It is further contended on behalf of the petitioners that their transfer can be made in terms of Rule 8(2)(d) of the Rules, 2008, as there is no such condition for the couple posting.
This Court in the cases of similarly placed persons in several writ petitions has granted liberty to the petitioners therein to make representation before the Secretary, Board of Basic Education, U.P. for consideration of their cause in the light of Rule 8(2)(d) of the Rules, 2008.
I have heard learned counsel for the petitioners, learned Standing Counsel for the first respondent and Sri B.P. Singh, learned counsel for the second to fourth respondents.
In view of the above, the writ petition is disposed of with a direction upon the second respondent to consider the grievance of the petitioners and pass the appropriate order in accordance with law within two months from the date of communication of this order.
No order as to costs.
Order Date :- 11.9.2017
SKT/-
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 17
Case :- WRIT - A No. - 41950 of 2017
Petitioner :- Sneh Lata And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rateesh Singh
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
Petitioner no. 1 is an Assistant Teacher in a Basic School situated in Block Mirzapur, District Azamgarh run by the Board of Basic Education, Uttar Pradesh. Petitioner no. 2, who claims to be husband of petitioner no. 1, is also an Assistant Teacher in a Basic School run by the Board of Basic Education in district Bahraich. Both the petitioners have preferred this writ petition for a direction upon the second respondent to consider their transfer at the same place, so that they, who are wife and husband, can live together.
It is contended by the petitioners that the Secretary, Board of Basic Education, U.P. in pursuance of the Government orders has framed a policy for inter-district transfer of the teachers. In pursuance of the said Government order, online applications were invited by the Board of Basic Education. However, the grievance of the petitioners is that one of the conditions in such online application is that the candidate must have three years' experience. However, it is mentioned under Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008 (for short, the "Rules, 2008") that in the special circumstances the applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband or in law's district. Rule 8(2)(d) of the Rules, 2008 reads as under:
"(d) In normal circumstances the applications for inter-district transfers in respect of male and female teachers will not be entertained within five years of their posting. But under special circumstances, applications for inter-district transfers in respect of female teachers would be entertained to the place of residence of their husband on in law's district."
It is further contended on behalf of the petitioners that their transfer can be made in terms of Rule 8(2)(d) of the Rules, 2008, as there is no such condition for the couple posting.
This Court in the cases of similarly placed persons in several writ petitions has granted liberty to the petitioners therein to make representation before the Secretary, Board of Basic Education, U.P. for consideration of their cause in the light of Rule 8(2)(d) of the Rules, 2008.
I have heard learned counsel for the petitioners, learned Standing Counsel for the first respondent and Sri B.P. Singh, learned counsel for the second to fourth respondents.
In view of the above, the writ petition is disposed of with a direction upon the second respondent to consider the grievance of the petitioners and pass the appropriate order in accordance with law within two months from the date of communication of this order.
No order as to costs.
Order Date :- 11.9.2017
SKT/-
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
