Smt. Ganga Chobey vs District Education Officer ...
2014 Latest Caselaw 2181 Del

 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Special Appeal No. 64 of 2014

Smt. Ganga Chobey                        ...........              Appellant

                                  Versus

District Education Officer (Primary Education)
Dehradun and others                   ...........               Respondents

      Present: Mr. Mangal Singh Chauhan, Advocate for the appellant.
               Mr. P.C. Bisht, Standing Counsel for the State of
               Uttarakhand/respondents.

Coram:      Hon'ble Barin Ghosh, C.J.
            Hon'ble V.K. Bist, J.

BARIN GHOSH, C.J. (Oral)

In the writ petition, it was contended by the appellant that she has been transferred to a far away place and, accordingly, it will be inconvenient for her to serve at the place of transfer as she has to look after her handicapped husband, who is also a Government employee, and that, this aspect of the matter has not been considered by the appropriate authority before issuing the order of transfer. The writ petition has been dismissed by the judgment and order under appeal. Having regard to the fact that there was substance in what had been stated by the appellant in her writ petition, we, by an order dated 7th March, 2014 requested the Government to consider the facts of the case in the background of the Rules made by the Government to the effect that if the husband and the wife are Government employees, as far as practicable, they should be transferred to the same place. The Government has now considered the matter afresh and has issued an order dated 28th April, 2014, whereby and under, appellant has been retained at the same place from where she was proposed to be transferred. In the circumstances, the grievance of the appellant has been met.

2. The appeal is disposed of by recording what has been stated above. It is hoped and expected that in view of the order dated 28th April, 2014, appellant will be permitted to work at the place, where she was working before she was proposed to be transferred.

                (V.K. Bist, J.)             (Barin Ghosh, C.J.)
                  30.04.2014                     30.04.2014


P. Singh