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Tuesday, November 14, 2017

Highcourt Order - Husband wife should be posted at one place consider minor child problem of female employee - Normally court do not interfere but here case is different

Highcourt Order - Husband wife should be posted at one place consider minor child problem of female employee 

Normally court do not interfere but here case is different



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 17 

Case :- WRIT - A No. - 34998 of 2017 

Petitioner :- Smt. Sujata Verma 
Respondent :- State Of U.P. And 2 Others 
Counsel for Petitioner :- Dhirendra Mohan Chaudhary 
Counsel for Respondent :- C.S.C. 

Hon'ble Pradeep Kumar Singh Baghel,J. 
C.M. Amendment Application No.293270 of 2017 
Heard. 
Amendment Application is allowed. 
Learned counsel for the petitioner may carry out necessary amendment during the course of the day. 
Order on Writ Petition 
The petitioner is a lecturer in Economics. She is working at Government Girls Inter College, Phaphamau, Allahabad. It is stated that vide order dated 22.12.2016 she has been promoted as Headmistress in Government Girls High School, Afzalpur Bari, Sirathu, Kaushambi. Her grievance is that since her husband is working as Assistant Teacher in Swami Vivekanand Inter College, Sahson, Allahabad, she may be adjusted in any other Institution on the equivalent post in Allahabad in place of present transferred place at Kaushambi as under the Transfer Policy of the State Government it is provided that endeavour should be made to post husband and wife together. 
It is stated in the writ petition that the petitioner has moved an application on 20.6.2017 before the Director of Education (Secondary), U.P., Allahabad-third respondent giving her preference for transfer at Nursery Teachers Training Institute, Allahabad; Shishu Training Institute, Allahabad; District Institute of Education and Training, Allahabad; and State Institute of Educational Management & Training, Allahabad. 
I have heard learned counsel for the petitioner and the learned Standing Counsel. 
It is a well settled law that in the matter transfer or adjustment, the Courts ordinarily do not interfere as it is an administrative matter. The petitioner in the present writ petition has averred that she has several other personal problems as she has a minor son and her husband is posted at Swami Vivekanand Inter College, Sahson, Allahabad.� 
From the record it appears that the petitioner has made a representation for redressal of her grievance.� 
In view of the above, the writ petition is disposed of with the direction upon the third respondent to consider the cause of the petitioner and pass appropriate order in accordance with law expeditiously, preferably within two months from the date of communication of this order. 
No order as to costs. 
Order Date :- 8.9.2017 
Digamber 



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