- (1.) S. H. A. Raza, J. The petitioner as well as his wife, both, are the employees of Kendriya Vidyalaya Sangthan. The petitioner in working as Post Graduate Teacher in Physics in Kendriya Vidyalaya, A. M. C. , Lucknow while his wife is posted as Trained Graduate Teacher in Hindi at Hasimara, District Jalpaugir, West Ben gal. The petitioner wants his wife to be posted at Lucknow, may be for the reason that there are Government orders that as far as possible husband and wife should be posted in one district/at one place. In that regard the petitioner submitted applica tion which was recommended by the Assis tant Commissioner, Kendriya Vidyalaya Sangthan, Regional Office, Sector Aligaha Lucknow, but no orders have yet been passed by the Commissioner, Kendriya Vidyalaya Sangthan, 18, Institu tional Area, Shaheed Jeet Singh Marg, New Delhi. Being aggrieved against the inaction of the opposite party the present writ petition praying for mandamus com manding the opposite parties to consider the transfer of the petitioner's wife to Lucknow from Hasimara (West Bengal) to any of I he Kendriya Vidyalaya stated at Lucknow, has been filed.
(2.) SRI D. S. Randhawn, learned coun sel appearing by behalf of the Commis sioner, Kendrjya Vidyalaya Sangthan raised two preliminary objections against the maintainability of this writ petition before this Bench, firstly, that the petition has been filed by the husband who wants his wife to be pasted at Lucknow, the peti tion ought to has been filed by the wife herself, secondly, that the cause of action I as not arisen tit Lucknow office of the Commissioner Kendriya Vidyalaya Sangthan is situated at New Delhi, hence this writ octillion is beyond the territorial jurisdiction of |his Court. Both the con tent' raised by SRI Randhawa are mis-coiuoived. As jar as the first ground is concerned there are rules to the effect that as far as possible husband and wife should be posted at one| place in one district. Non-posting of the wife with the husband not only affects the matrimonial life but also results in so many great hardships. The petitioner undoubtedly is an aggrieved person and he cm maintain a writ petition due to non- transfer of his wife from West Bengal to Lucknow. The petitioner has submitted a representation to the Com missioner, Kendriya Vidyalaya Sangthan, New Delhi which was recommended and forwarded by the Principal, Kendriya Vidyalaya Lucknow. The said repre sentation was preferred through proper channel and the Principal of the College recommended and forwarded the same. Besides the a boy the petitioner admitted ly works at Lucknow and due to inaction on the part of the respondent his matrimonial life is being adversely ef fected at Lucknow. I am of the view that in view of the decision of Hon'ble Supreme Court in the case of Nasintddin v. State Transport Appellate Tribunal, AIR 1976 SC 331, a writ petition can be filed at Lucknow Bench. I have heard Sri Anand Prakash Singh, Advocate, learned counsel for the petitioner, as well as Sri D. S. Randhawa. Sri Singh has referred to several court where in similar circumstances transfer orders have been passed by the Commis sioner, Kendriya Vidyalaya Sangthan where one spoils has been transferred to the place of another spouse. As the question involved in this writ petition is too trivial to drag on incessantly in this Court, after hearing the counsel for the parties I issue a writ in the nature of mandamus commanding the Respondent No. 1 to consider the repre sentation of the petitioner and pass ap propriate orders expeditiously say with in six months from the date of production of a certified copy of this order together with a copy of the representation before him. .;