IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 553 OF 2011 (S/S) Sunil Kumar Pandey …….Petitioner. Versus District Education Officer and another.…...Respondents. Present: Mr. K.N. Joshi, Advocate for the petitioner. Mr. Anil K. Bisht, Brief Holder for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. K.N. Joshi, Advocate for the petitioner and Mr. Anil K. Bisht, Brief Holder for the State of Uttarakhand. The petitioner was working as a teacher in Government Primary School, Rautla. The petitioner contends that he is now being posted as Assistant Teacher in Government Junior High School, Ladabora, district Champawat. The wife of the petitioner is also an Assistant Teacher in Senior Basic School, presently posted at Junior High School, Kalchaura, Block Lohaghat, district Champawat. The place where the petitioner has been transferred on promotion is not a place in the same block, where the wife of the petitioner is working though it is in same district i.e. Champawat. The petitioner states that there are many Junior High Schools within Block Lohaghat and in view of the Government Order dated 29th May, 2008, one of the principle and transfer policy of the State Government, which is continuing for a considerable time is that “as far as possible”, husband and wife should be placed at the same place. Though it is not an indefeasible right of a government servant to be placed at the same place where 2 his wife or her husband is posted, but since the policy so prescribes efforts must be made by the State Authorities to place husband and wife who are both in government service, as far as possible, at the same place, in present case in Block Lohaghat in district Champawat. The petitioner further contends that there are many Junior High Schools in Block Lohaghat where the posts of Assistant Teachers are lying vacant, where the petitioner can be duly posted. On these facts, the writ petition is disposed of with the direction to District Education Officer, Champawat to consider the case of the petitioner for posting him at Block Lohaghat itself where the wife of the petitioner is working as Assistant Teacher, particularly in view of the fact that there is a clear cut assertion of the petitioner that there are many Junior High Schools, where the posts of Assistant Teachers are lying vacant in Block Lohaghat. In case the District Education Officer considers the representation of the petitioner and rejects it, he must assign reasons as to why such a representation of the petitioner is being rejected in spite of the clear cut policy of the State Government that as far as possible husband and wife should be posted at same place. The District Education Officer, Champawat shall decide the representation of the petitioner (Annexure No. 2 to the writ petition) within a period of three weeks from the date a certified copy of this order is produced before him. No order as to costs. (Sudhanshu Dhulia, J.) 14.06.2011 Rathour