Couple should be posted Together, Court rules in favor of Govt Employee

A woman working as TGT (Medical) at Government High School, Dhalog, District Chamba, Himachal Pradesh, was transferred from afore station to Government Senior Secondary School, Devikothi, District Chamba, Himachal Pradesh.

She said that she already served in Sub Cadre area w.e.f. 2006 to 2012, but yet she was transferred to hard area i.e. Government Senior Secondary School, Devikothi, District Chamba, Himachal Pradesh. Her husband is working as Lecturer (Economics) at Government Senior Secondary School, Nagali, District Chamba, Himachal Pradesh and as such, she should have been given posting, if required, near Nagali.

The Court said that the policy formulated by the Government of Himachal Pradesh clearly reveals that every employee, during his life career, should be sent to sub cadre/hard/tribal area, but this Court has noticed in many cases that employees having good political relation and influence are hardly sent to hard/tribal area, and employees, who do not have any say in the corridors of Government, are repeatedly sent to hard/tribal areas, which results in heartburn.

Petitioner has already completed normal tenure at present place of posting and she has no vested right to remain posted at a particular station, but at least respondent-State should have taken due care, while choosing the station of posting of petitioner, keeping in view her earlier term in hard/tribal area coupled with the fact that her husband is also working in Government Senior Secondary School Nagali.

The Court has said that the petitioner can submit a formal request (representation) to the competent authority within two days, asking for a posting at a more suitable location, considering that her case falls under the “couple posting” policy. In her request, she can also mention that she has already served in a hard/tribal area, which should be taken into account.

The authority must then decide on her request within the next ten days, keeping in mind the special provisions available for couples and for employees who have already served in difficult areas. The Court also added that the concerned authority must give the petitioner a fair chance to be heard before making a decision and must pass an order accordingly.

Until a final decision is made on her request, the petitioner should not be forced to join the new transfer location.

The court has directed Chief Secretary, Government of Himachal Pradesh, to issue to all the Departments of the State to ensure that each and every employee is sent to sub cadre/hard/tribal area at least once in service career and persons/employees, who have already served in hard area, are not transferred time and again to hard/tribal areas, to prevent unnecessary unrest amongst employees and the transfer policy does not remain merely paper.

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