By way of the present Original Application, the

applicant has prayed for the following reliefs:

“a) Set-aside the relieving order dated 25.11.2023 and pass an

order to modify order dated 06.11.2023, which is issued without

following the due process of law and without taken into

consideration the DOPT OMs, upto the extent that place of posting

on promotion be modified to a KV mentioned in the representation

dated 07.11.2023 of the applicant or any other KV in Delhi.

b）Direct the respondent to allow the applicant to continue her

service at her present place of posting viz. KVNo.1,AFS, Gurgaon

till the time her representation dated-07.11.2023 is not disposed in

terms of DOPT OM dated-30.09.2009 and 24.11.2022 with a

reasoned and speaking order.

c) Any other relief which this Hon'ble court deems fit and proper

may also be awarded to the applicant.”

2.

In the instant OA, the applicant who has been

promoted from PRT to TGT (Hindi) vide order dated

06.11.2023

after

clearing

the

Limited

Departmental

Examination, is aggrieved by the said order as she has been

posted to KV No.1, AFS, Pathankot and subsequently

relieved to join her new place of posting vide order dated

25.11.2023. Consequent upon the said relieving order, she

made

representation

dated

07.11.2023

before

the

respondents seeking modification of the place of posting on

promotion, which has not been acceded to by the

respondents. Thereafter, she made another representation

dated 13.11.2023 requesting the respondents to hold her

promotion till the disposal of her earlier representation.

3

However, the respondents have not taken any action in this

regard. Being aggrieved, she has approached this Tribunal

seeking the aforementioned reliefs.

3.

Learned counsel for the applicant submits that the

applicant was transferred to KVS, AFS, Pathankot on

06.11.2023 but could not join her new place of posting as

she was on medical leave during that period. She submits

that the request of the applicant, wherein she has explained

her medical condition and family circumstances, has been

lying pending with the respondents. In support of her

submission, she draws attention to the DoPT’s OM dated

30.09.2009 which especially addresses posting of spouse at

the same station, which reads as under:-

“In view of the utmost importance attached to the enhancement of

women's status in all walks of life and to enable them to lead a

normal family life as also to ensure the education and welfare of

the children, guidelines were issued by DOP&T in O.M No.

28034/7/86-Estt. (A) dated 3.4.86 and No. 28034/2/97-Estt. (A)

dated 12.6.97 for posting of husband and wife who are in

Government service, at the same station. Department had on

23.8.2004 issued instructions to all Mins./Deptts. to follow the

above guidelines in letter and spirit.

2. In the context of the need to make concerted efforts to increase

representation of women in Central Government jobs, these

guidelines have been reviewed to see whether the instructions

could be made mandatory. It has been decided that when both

spouses are in same Central Service or working in same Deptt.

and if posts are available, they may mandatorily be posted at the

same station. It is also necessary to make the provisions at Paras

3(iv) and (vi) of the O.M. dated 3.4.86 stronger as it is not always

necessary that the service to which the spouse with longer service

belongs has adequate number of posts and posting to the nearest

station by either of the Department may become necessary.

4

3. On the basis of the 6* CPC Report, Govt. servants have already

been allowed the facility of Child Care Leave which is admissible

till the children attain 18 years of age. On similar lines, provisions

of O.M. dated 12.6.97 have been amended.

4. The consolidated guidelines will now be as follows:-

(i) Where the spouses belong to the same All India Service or two

of the All India Services, namely IAS, IPS and Indian Forest

Service (Group ‘A’);

The spouse may be transferred to the same cad