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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Arun Bhansali, J.
Ekta - Appellant
Versus
State of Rajasthan & Ors. - Respondents
Civil Writ Petition No. 10170 of 2021
Decided On : 14-09-2021
DIRECTION - GOVERNMENT SERVICE TRANSFER - The court directed the respondents to sympathetically consider the petitioner's request for transfer based on the State Government's policy of posting spouses at the same station, emphasizing the need for an objective decision within a specified timeframe.
Fact of the Case:
The petitioner filed a writ petition seeking a transfer to the same location as her husband, who is in government service, citing the State Government's policy of posting spouses together and the availability of vacant positions.
Finding of the Court:
The court acknowledged the pending representation of the petitioner and decided to dispose of the writ petition by directing the respondents to consider the petitioner's request in light of the State Government's policy.
Issues: Whether the respondents are obligated to consider the petitioner's transfer request based on the State Government's policy regarding the posting of spouses.
Ratio Decidendi: The court held that the State Government's policy should guide the decision-making process regarding the transfer, and the respondents must provide a reasoned decision on the petitioner's representation.
Result: The writ petition was disposed of with directions for the respondents to consider the petitioner's representation objectively and issue a decision within three weeks.
JUDGMENT
Arun Bhansali, 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 alongwith the copy of the present writ petition. If such a fresh representation is made, the same may be considered by the respondents objectively and decide the same by a speaking order within a period of three weeks from the date a copy of this order alongwith writ petition/representation is placed before the respondents.
The court established that government policies regarding employee transfers, particularly those concerning spouses, must be adhered to and considered in decision-making processes.
The court established that government policies favoring the joint posting of spouses should be adhered to, and representations regarding such policies must be considered objectively.
The court established that government policies regarding spouse postings must be adhered to, and representations should be considered objectively and timely.
The court established that government policies regarding spouse postings must be considered in transfer requests, and decisions should be made objectively and within a reasonable timeframe.
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 polic....
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
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