BEENA TRIPATHI (SMT.) Vs. STATE OF UTTAR PRADESH AND OTHERS
LAWS(ALL)-1986-12-57
HIGH COURT OF ALLAHABAD
Decided on December 02,1986

Beena Tripathi (Smt.) Appellant
VERSUS
State of Uttar Pradesh and others Respondents

JUDGEMENT

- (1.) The petitioner was an assistant teacher. She was transferred to Government Girls' Inter College, Gonda, on her own request as her husband was a practising lawyer at Gonda. It appears that she made several representations and ultimately her representations found favour of the Minister concerned and she was transferred from Ayodhya to Gonda. The transfer order was passed on 5 August 1986 and in pursuance of the said order, she joined at Gonda on 7 August 1086. By the impugned order, dated 18 August 1986, the earlier order of transfer, dated 5 August 1986, has been cancelled. The petitioner had already taken over charge at Gonda and as such the transfer order could not have been cancelled. It appears that to accommodate the opposite party 4, the impugned order has been passed but legally the same could not have been done. The opposite party 4 has also represented the authorities that her husband being posted at Gonda, benefit of the Government order which provides that as far ai possible, the husband and the wife should be posted at one place, should be extended to her. This could have been done in some other manner than the cancellation of transfer order. The writ petition deserves to be allowed.
(2.) The writ petition is allowed and the impugned order, dated 18 August 1986, cancelling the order of transfer, dated 5 August 1986, is hereby quashed with the observation that opposite party 1 may also post the opposite party 4 at Gonda as far as possible.;


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