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Smt. Priti v. State Of U.P. And Others - WRIT - A No. 10978 of 2004 [2004] RD-AH 158 (22 March 2004)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.  

The petitioner in this writ petition seeks a writ of mandamus commanding the respondents to transfer her from N.C.C. office at Mainpuri to the same office at Allahabad in view of the transfer policy of State Government as well as of the Central Government in respect of Group ''C' and ''D' employees serving them.

The petitioner is working as Junior Assistant/Clerk in the office of respondent no. 3 in Mainpuri. Her husband Sri Anil Kumar is a Personal Assistant posted in the U.P. Public Service Commission, Allahabad. The petitioner submits that both are State Government employees and belong to Group ''C' posts and being husband and wife are entitled to be posted in one district in view of G.O. dated 21.4.2001 (Annexure 2 to the writ petition) wherein it is provided that as far as possible the husband and wife working in Group ''C' or ''D' posts may be posted at one place.  The learned counsel fore the petitioner contends that since the services of the husband of the petitioner are not transferable, therefore, the petitioner can only be transferred to Allahabad. The petitioner as well as her husband has made several representations for transfer of the petitioner either in the same office at Allahabad or where there is vacancy in Allahabad against which she can be adjusted but no action has so far been taken by the respondents in the matter. The petitioner alleges that her representation has been duly recommended and forwarded by her superior officer. Besides other representations she has also made a detailed representation to the Director General, N.C.C., Lucknow copies whereof have been sent to Group Commandant, N.C.C., Agra and the Command Officer by registered post on 2.7.2003. A supplementary affidavit has been filed today sworn by the husband of the petitioner in which it has been stated that there are six N.C.C. Branches at Allahabad namely (1) 15 U.P. Battalion N.C.C.  (2) 16 UP Battalion N.C.C. (3) 17 U.P. Battalion N.C.C. (4) 16 U.P. Girls Battalion N.C.C. (5) I U.P.C.T.R. and (6) N.C.C. Group Head Quarter where vacancies are existing.

In case there is vacancy in any of the aforesaid offices at Allahabad or is likely to fall vacant, the case of the petitioner may be considered sympathetically and her representation may be decided by a reasoned/speaking order preferably within a period of two months from the date of production of a certified copy of this order by the petitioner.  

With the above directions this petition is disposed of. No order as to costs.  

Dated: 22-3-2004



Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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