IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 173 of 2010 Smt. Tara Joshi w/o Sri Shankar Dutt Joshi Presently posted as Assistant Teacher, Govt. Higher Secondary School, Basantpur, District Almora. ……… Appellant Versus 1. State of Uttarakhand through Principal Secretary, School Education, Civil Secretariat, Dehradun. 2. Director, School Education, Nanoorkhera, Dehradun. 3. Additional Director, School Education, Kumaon Region, Nainital. 4. District Education Officer, Almora .……. . Respondents Present: Mr. Ajay Veer Pundir, Advocate for the appellant. Mr. J.P. Joshi, Chief Standing Counsel for the respondents. Coram:- Hon’ble Barin Ghosh, Chief Justice Hon’ble V.K. Bist, Judge Date : 7th Sept., 2010 JUDGMENT Barin Ghosh, C. J. (Oral) Appellant has been transferred to Government Higher Secondary School, Basantpur, Almora. This school is about 70 kms. away from the place of posting of her husband, who is also a government employee. Appellant, accordingly, made a representation for being accommodated in a school closer to the workplace of her husband. In the representation, she highlighted that she has a 9 months’ old baby, and accordingly, if she is accommodated in a school near the workplace of her husband, it will be easier for the appellant and her husband to take care of their little child. Subsequent thereto, the appellant was temporarily attached to the Government Girls Inter College, Jaiti, Almora. Inasmuch as, the same was a 2 temporary attachment and not a permanent transfer, the petitioner (appellant herein) filed a writ petition and thereby contended that having regard to the policy of the government and representation made by her, she was attached to the Government Girls Inter College, Jaiti, Almora, and accordingly, the said temporary attachment should be converted into a permanent transfer. 2. While the writ petition was considered by a learned Single Judge, His Lordship, according to us, correctly held that the policy of the government to keep the husband and wife posted at the same place is mandated with the words “as far as practicable”, and accordingly, there is no indefeasible right of a government employee to insist that the said policy of the government should be adhered to in toto in all cases and there is no leverage in the matter of effecting postings when it is not practicable to post two employees of the government, who are husband and wife, at the same place. 3. Being aggrieved by the said judgment and order, the present appeal has been filed. In view of the pronouncement of law by the Hon’ble Judge, as depicted above, we are not inclined to interfere with the ratio decidendi, and accordingly, it would not be appropriate on our part to admit the appeal. 4. However, considering the fact that immediately after the order under appeal was passed, the attachment of the appellant with Government Girls Inter College, Jaiti, Almora was withdrawn or revoked and further taking into account the fact that as yet nothing has been communicated to the appellant on the representation she had made, we think that the appellant has been able to make out a case, and accordingly, while admitting the appeal and after hearing the parties, we dispose of the appeal by directing that the appellant be retained attached to Government Girls Inter College, Jaiti, Almora until such time her representation is decided and communicated to the appellant. While deciding the representation, the authorities competent are directed to consider the distance as highlighted by the 3 appellant of the workplace of the appellant and the workplace of her husband, as also the fact that there may be vacancies available at places nearby the place where the husband of the appellant is working. 5. In order to make the matter clear, we permit the appellant to make a final representation within a period of 7 days from today. ( V.K. Bist, J. ) ( Barin Ghosh, C.J.) 07.09.2010 07.09.2010 P. Singh