IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 981 (SS) of 2007 Shalini Singh ………..Petitioner. Versus State of Uttarakhand and others. …….…Respondents. Mr. D.S. Patni, Advocate for the petitioner. Mr. Paresh Tripathi, Brief Holder for the State. Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present writ petition has been filed by the petitioner challenging the order dated 25.06.2007 by which the representation of the petitioner was rejected. Writ petition has also been filed for a direction to the Additional Director of Education, Kumaon Region, Nainital to consider the case of the petitioner for posting against vacant post of Assistant Teacher (Science) in District – Udham Singh Nagar. Brief facts of the case are that on 29.12.2006 petitioner was given appointment on the post of Assistant Teacher (Science) in the pay scale of Rs. 5500 – 9000 on probation and was given posting at Uchchatar Madhyamik Vidyalaya, Binwal Gaon, District – Champawat. As per appointment order petitioner was asked to give her joining within 15 days. Since petitioner’s 16 months old child was suffering Asthmatic Bronchitis and was getting frequent attacks, doctor advised her to avoid climatic exposures for three months. Since the child was born through caesarean operation and seeing the condition of the child petitioner was not in a position to join her services. Therefore, she represented the respondent no. 3 i.e. Director of Education on 08.01.2007 and request made to modify the order of posting from District – Champawat to District – Udham Singh Nagar. Request was also made on the ground that petitioner’s husband is also Government Servant and is posted in G.B. Pant University, Udham Singh Nagar, consequently, she may be posted at nearby place. When the grievance of the petitioner was not redressed by the respondent no. 3 petitioner again submitted representation on 22.01.2007 and prayed for extension of time for joining by at least three months and for consideration of her posting in nearby place to the posting of her husband in District – Udham Singh Nagar. Pursuant to the representation of the petitioner, the respondent no. 2 vide order dated 02.02.2007 extended the time of joining of the petitioner for one month i.e. till 22.02.2007. It was mentioned in the order that the time will not be extended further. Thereafter, petitioner filed writ petition no. 111 (S/S) of 2007 before this Court for direction to the respondent no. 2 to consider the posting of the petitioner in the vacant post of Assistant Teacher (Science) in District – Udham Singh Nagar and further to extend the period of joining of the petitioner up to three months. The said writ petition was disposed of on 22.02.2007 with a direction to the respondent no. 3 to take the decision on the representation of the petitioner sympathetically within three weeks from the date of receipt of representation along with certified copy of the order. Thereafter, petitioner submitted representation before the respondent no. 3 and in compliance of the Court’s order dated 22.02.2007, respondent no. 2 passed order on 25.06.2007 rejecting the representation of the petitioner. The order dated 25.06.2007 is challenged by the petitioner in the present writ petition. Learned counsel for the petitioner argued that representation of the petitioner has been rejected in mechanical manner and without application of mind. The rejection order has been passed without appreciating the contents of the Government Order relating to the transfer policy issued by the State Government. According to the counsel for the petitioner, respondent no. 2 has illegally rejected the representation of the petitioner by alleging that the Government Order is not applicable to the fresh posting of employee but bare perusal of the transfer policy reveals that it is also applicable to the first posting. This argument of the learned counsel for the petitioner is misconceived, hence, rejected because the transfer policy cannot be said to be applicable in respect of first posting. Unless a person joins the post he cannot said to be an employee of the department, consequently, question of applicability of transfer policy does not arise. Learned counsel for the petitioner further argued that since the husband of the petitioner is posted at G.B. Pant University, District – Udham Singh Nagar, as such, petitioner is also entitled for posting at the same place in view of the policy of the State Government that as far as possible husband and wife should be posted at same place or nearby place. This argument of the learned counsel for the petitioner has no force as unless a person joins he cannot said to be an employee of the department and the applicability of the Government Order regarding posting of husband and wife at same place or nearby place does not arise. Counsel for the petitioner further argued that since the small child of the petitioner is suffering from Asthmatic Bronchitis and looking into the family problems of the petitioner, petitioner’s case for posting in District – Udham Singh Nagar should have been considered sympathetically and petitioner should have been posted in District – Udham Singh Nagar. This argument of the learned counsel for the petitioner has also no force as petitioner cannot claim particular posting at the time of initial appointment. Petitioner has also filed supplementary affidavit on 10.12.2008 wherein it is stated that on 03.12.2008 petitioner went to Rajkiya Uchchatar Madhyamik Vidyalaya, Binwal Gaon, District – Champawat to assume the charge on the post of Assistant Teacher (Science) but she was informed that post of Assistant Teacher (Science) has already been filled by another incumbent. Counsel for the petitioner prayed that respondents may be directed to give posting to the petitioner at any other place. After hearing the counsel for the parties this Court is not inclined to grant any relief to the petitioner. Writ petition lacks merit and is dismissed. However, it will be open to the respondents to give posting to the petitioner at any other place. No order as to costs. (V.K. Bist, J.) 09.01.2009 SKS