WPSS NO. 1108/2007 Hon’ble Tarun Agarwala J. Mr. S.S.Yadav, the learned counsel for the petitioner. Mr. Subhash Upadhyay, the learned brief holder for the State. The petitioner is working as a Lecturer in Sociology in the Government Inter College, Raghulipeepal, District Almora. His wife is working as a Lecturer in Sanatan Dharm Rashtriya Kanya Inter College Rudrapur, Udham Singh Nagar, which is a Government Aided Institution. It is alleged that the petitioner’s wife has to look after a newly born child as well as his old parents and therefore, he made a representation to the authority that he should be transferred to an institution in District U.S.Nagar. In paragraph 4 of the writ petition, it has been alleged that there is a vacant post of Lecturer in Sociology in District Udham Singh Nagar, where he could be accommodated. The authority by the impugned order rejected the representation of the petitioner on the ground that neither the petitioner nor his wife are government servants and therefore, the transfer policy of the State Government with regard to posting of husband and wife in the same district is not applicable. The petitioner, being aggrieved by the said order, has filed the present writ petition. Paragraph 4 of the writ petition has been specifically denied by the respondents in paragraph no.6 of their counter affidavit. However, without going into this controversy, the court finds that the petitioner is in fact a government servant. Even if the government policy is not squarely applicable on the petitioner and his wife, the principle should be applicable as far as possible. If husband and wife are in employment and are working in different cities, an endeavor is to be made by the employers as far as possible. This view has to be seen on the humanitarian angle, especially when the petitioner has alleged that he has old parents and his wife has also to look after a newly born child. In the light of the aforesaid, the writ petition is disposed of with the direction that if the petitioner makes a fresh representation indicating with clarity that any vacancy is existing in Udham Singh Nagar and if such a vacancy is existing in the said district, the authority will consider and decide the representation by a reasoned and speaking order within three months from the date of the production of a certified copy of this order. (Tarun Agarwala, J.) Dated: 16.3.2010 Nishant