Court No. - 6 Case :- SERVICE SINGLE No. - 4679 of 2010 Petitioner :- Smt.Sanchita Respondent :- Union Of India Through Secy. New Delhi And Others Petitioner Counsel :- Sanjay Mishra Respondent Counsel :- A.S.G. Hon'ble Shabihul Hasnain,J.
Heard Sri Sanjay Mishra learned counsel for the petitioner and learned
Assistant Solicitor General of India Sri İ.H. Farooqui for the Union of
India.
The petitioner has been transferred from Lucknow to Delhı. Her
husband is working with the State Government and is posted at
Lucknow. These facts are not disputed. The petitioner has placed before
this court an office memorandum dated September 30, 2009 issued by
Joint Secretary of the Government of India. Clause VII of the said
memorandum states as under :
“Where one spouse is employed under the Central Govt. and the other
spouse is employed under the State Govt.:-
The spouse employed under the Central Govt. may apply to the
competent authority and the competent authority may post the said
officer to the station or if there is no post in that station to the State
where the other spouse is posted.”
In view of this fact that the petitioner’s husband is posted at Lucknow
and there is a provision for representation the petitioner begs that he
may be permitted to make a representation which may be decided
according to the rules expeditiously. Accordingly, this court directs the
opposite party no. 2 to look into the matter and pass appropriate and
reasoned order say within a period of 15 dayś from the date a
representation along with the copy of this order is placed before the
opposite parties. Till the expiry of 15 dayś or the decision on the
representation whichever is earlier, the transfer order of the petitioner
shall not be given effect to.
It is made clear that the orders will expire automatically after the said
datė.
With the above observation, the writ petition is finally disposed of.
Order Date :- 14.7.2010
Om.