Ramayan Ram vs District Education Officer and Another

Sudhanshu Dhulia, J.—Heard Mr. K.N. Joshi, Advocate for the Petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand.

The Petitioner has recently been promoted from a Primary School Teacher to an Assistant Teacher, Senior Basic School vide order dated 28.5.2011. Admittedly these are district level appointments/promotions. The wife of the Petitioner is also an Assistant Teacher in Primary School in District Champawat i.e. in the same District. According to the Petitioner, he has already joined at Kathol. The Petitioner relies upon the Government Order dated 29.5.2008 which says "as far as possible both the husband and wife should be placed at the same place". It is well settled that this order does not give any right to a government servant but at the same time Government Authorities must consider the posting of such husband and wife, who are both government servants, at the same place, and if not at the same place at a nearby place. It should at least be considered.

This writ petition is therefore disposed of with the direction to District Education Officer, Champawat to consider the representation of the Petitioner, in case the same is made within three weeks from today and try posting the Petitioner at a nearby place where his wife is presently teaching. It is made clear that all this Court has done has directed the said authority to consider the posting of the Petitioner to the said place. Needless to say that it will depend upon the existing vacancies on such places. The Education Authority is hereby directed to consider the matter in the true letter and spirit of such a policy and instructions, which are presently applicable in the case.

With these observations, writ petition is disposed of.

No order as to costs.