Both the SPOUSES, if Posts are available- BE POSTED IN THE SAME PLACE [GUWAHATI CAT]
As per OM, dated 30-9-2009 of Government of India, it is stipulated that both huaband and wife working in the same department of central service should mandatorily be posted in the same station, If posts are available, especially to look after the welfare of their children.
Facts: This OA is filed praying to set aside the impugned / allocation order, dated 5-2-2013 in respect of the Applicant whereby the Applicant is sought to be transferred to I&B, Kolkata.
The Applicant, an Assistant Accounts Officer in the office of Unique Identification Authority of India (UIAI), Planning Commission, Government of India, Regional Office Guwahati was sought to be
transferred to I&B, Kolkata on the ground of abolition of the post held by him in Guwahati vide Letter, dated 18-1-2013. O.M., dated 12-6-1997 stipulates that posting of husband and wife at the same station which subsequently amended stipulating that if both the husband and wife are working in the same department and if posts are available, they must mandatorily be posted in the same station. Child care stipulates both being posted in the same station up to the children attaining 18 years of age. As the children of the Applicant are aged 17 and 7 years and his wife is serving as Sr. Accountant in the office of PAO (SSB) Guwahati, the Applicant is entitled to get the benefit of OM, dated 12-6-1997 and O.M., dated 30-9-2009. Against his transfer, the Applicant initially made a representation for allowing him to stay at Guwahati. But during the pendency of his representation, the impugned transfer order was issued. Further having spent 22 years of his service out of his home Town i.e., Guwahati-only one and half years back he was transferred to Guwahati.
The Tribunal read the OM, dated 12-6-1997 wherein it is stipulated that both the spouses should invariably be posted together to lead a normal life especially till children are 10 years of age. If both the spouses are working in the same department or in the same central service, they should be mandatorily be posted at the same station if posts are available. Those instructions are not taken note of by the Respondents while issuing the transfer order of the Applicant, dated 5-2-2013 and effected transfer while the Applicant’s request for retaining him at Guwahati is pending.
In the case of Sarvesh Kumar Awasthi v. U.P Jal Nigam and others [2003 (11) SCC 740], the Apex Court held that transfer of officers is required to be effected on the basis of set norms or guidelines. But the transfer of the Applicant is issued violating set norms laid in O.Ms.. dated 12-6-1997 and 30-9-2009. Hence the Applicant is directed to make a comprehensive representation in two weeks from the date of receipt of this order enlisting all his grievances and the departmental authority should dispose of the said representation by a reasoned order in four months’ time giving opportunity to the Applicant for a personal hearing to explain his grievances. Till such time the representation of the Applicant is disposed of, the impugned order, dated 5-2-2013 shall be kept in abeyance.
OA is ordered accordingly.
[Sri Gautam Das v. Secretary Ministry of Finance and others. 3/2014, SwamysnewS 74, (Guwahati). date of judgment 18-2-2013.