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Judgment
R.K. Manisana, J.—This is an appeal from the judgment and order dated 13.7.93 passed by the learned single judge in Civil Rule No. 1881/93. In that case the Petitioner - Appellants challenged the order of transfer of Appellant-1. Appellants No. 1 and 2 are husband and wife.
Appellant-1 is a Laboratory Assistant in the CRPF Base Hospita-3, Gauhati, and Appellant-2, wife of Appellant-1, is working as staff nurse in the (sic) Guwahati, An order has been passed on 1.6.93 transferring the Appellant-1 from Guwahati to Hyderabad. The Appellants have challenged the order on the ground that there is a guideline to the effect that where one spouse is employed under the Central Government and the other spouse is employed under the State Government, the spouse employed under the Central Government may apply to the competent authority and the competent authority may post the said officer to the Station, or if there is no post in that station, to the State where the other spouse is posted.
In Bank of India Vs. Jagjit Singh Mehta, the Supreme Court has held that the guidelines no doubt require the two spouses to be posted at one place as far as practicable but no right can be claimed. The only thing required is that the departmental authorities should consider this aspect along with the, exigencies of administration and enable the two spouses to live together at one station if it is possible without any detriment to the administrative needs and the'' claim of oilier employees. In that view of the matter, we are not inclined to interfere with the judgment and order the learned single Judge, However, the concerned Respondent, while considering the representation submitted by the Appellants, shall keep in view the decision of the Supreme Court referred to above. Considering the facts and circumstances of the case, the Appellant-1 shall not be released from Guwahati till 12.9.93.
With the above observations and direction, the writ appeal is disposed of. No costs.