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2016 DIGILAW 110 (UTT)

Sangita Joshi v. State of Uttarakhand

2016-03-05

SUDHANSHU DHULIA

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JUDGMENT : Sudhanshu Dhulia, J. 1. Mr. Niranjan Bhatt, Advocate present for the petitioners. 2. Mr. N.P.Shah, Standing Counsel, present for the State. 3. The petitioner before this Court is a Lecturer presently serving as a Lecturer (Sanskrit) in Government Girls Inter College Ganai Gangoli, Pithoragarh, District Pithoragarh. 4. The petitioner was initially appointed as Lecturer (Sanskrit) on 17.03.2011 and since then she is working in the same school. The said school falls in the remote area in Pithoragarh. The husband of the petitioner is also a Lecturer in Physics and presently teaching at Government Inter College Thati, Dhanari Tehsil Dunda District Uttarkashi. 5. Under the spouse policy, the petitioner seeks her transfer to a place or a nearby place where her husband is teaching, which has been denied to her by the authority concerned. The concerned authority vide order dated 17.10.2015 rejected the claim of the petitioner saying that petitioner has not opted for her transfer to the block in which the husband of the petitioner is working. 6. This reasoning given by the concerned authority is dehors the law. The petitioners are governed by the Uttarakhand Teacher (School Education) Postings on Initial appointment, Promotion and Transfer Rules 2013, wherein there is no such restriction regarding transfer. Moreover, it is a consistent policy which suggest that efforts should be made to place both i.e. husband and wife, as far as possible on the same place. 7. Even this Court in an another case in WPSS No.2201 of 2015 (decided on 02.11.2015) had directed that such a reasoning that transfer can be considered within the same Block or District is highly unreasonable. 8. The Director School Education (Madhyamik Shiksha) Uttarakhand Dehradun is hereby directed to consider again the case of the petitioner, in accordance with law. According to the petitioner, there is a post of Lecturer (Sanskrit) lying vacant at GGIC Chinyalisaur, which is adjacent to the Block Dunda District Uttarkashi, where the husband of the petitioner is also working. Let the petitioner be adjusted in that place, subject to the availability of the post. In case, if it is not possible to transfer the petitioner in the above school, efforts be made to transfer her to any other nearby school where her husband is presently working. Let the petitioner be adjusted in that place, subject to the availability of the post. In case, if it is not possible to transfer the petitioner in the above school, efforts be made to transfer her to any other nearby school where her husband is presently working. It is further made clear that the transfer of the petitioner shall be considered in the next annual transfer positively, on the above directions. This is being done so that the present school, where the petitioner is imparting education should not suffer. Therefore, Director shall only consider the case of the petitioner in the next annual transfer after ensuring that other teacher is available in place of the petitioner and also on consideration of board exams. 9. In view of the above, the writ petition stands disposed.