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2021 Supreme(Raj) 283

IN THE HIGH COURT OF RAJASTHAN
Dinesh Mehta, J.
Indra Kumari - Appellant
Versus
State Of Rajasthan - Respondent
Civil Writ Petition No. 465 of 2021
Decided on : 14-01-2021

Advocates appeared:
Ms Godara, Advocate, Hemant Choudhary, Advocate

The court upheld the policy of the State Government regarding the posting of spouses in Government service and directed the respondents to consider the petitioner's representation based on this policy.

Headnote:

Government Service - Transfer of Spouse - Policy of State Government

Fact of the Case:

The petitioner sought direction to post her to the place where her husband, who is in Government service, is posted.

Finding of the Court:

The court directed the respondents to consider the petitioner's representation based on the policy of the State Government and allowed the petitioner to file a fresh representation if needed.

Issues: Transfer of spouse in Government service, Policy of State Government

Ratio Decidendi: The court considered the policy of the State Government regarding the posting of spouses in Government service and directed the respondents to sympathetically consider the petitioner's representation based on this policy.

Final Decision: The court disposed of the writ petition with a direction to the respondents to consider the petitioner's representation and allowed the petitioner to file a fresh representation if necessary.

JUDGMENT

Dinesh Mehta, J. - This writ petition has been filed by the petitioner seeking direction to the respondents to post the petitioner to place where her husband, who is in Government service is posted.

2. Various submissions have been made in the writ petition including submission that it is the policy of the State Government to post the husband and wife at the same station and at the place where the petitioner seeks transfer, there are vacant positions.

3. In view of the submissions, which have been made in the petition and the fact that the petitioner's representation is already pending with the respondents, the present writ petition is disposed of with a direction to the respondents to sympathetically consider the representation made by the petitioner based on the policy of the State Government.

4. The petitioner would be free to file a fresh representation along with the copy of the present writ petition. If such a fresh representation is made, the same may be considered by the respondents objectively and be decided by a speaking order within a period of three weeks from the date a copy of this order along with writ petition / representation is placed before the respondents.

5. The stay application also stands disposed of.

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