The Lucknow bench of the Allahabad High Court has said that in case both the husband and wife are in government service, their posting at the same place can be considered, but it is not an inalienable right. The court said that posting of husband and wife at one place is possible only if it does not cause any harm to administrative needs.

With these comments, the court has refused to interfere in the transfer policy of the Basic Education Department. A single bench of Justice Om Prakash Shukla has passed this decision while simultaneously hearing a total of 36 petitions filed on behalf of hundreds of assistant teachers.

The petitioners said that their spouses are posted in public sectors like nationalized banks, LIC, Electricity Distribution Corporations, NHPC, BHEL, Intermediate Colleges, Power Corporation and Child Development Project etc. The petitioners are posted in different districts from their spouses.

It was said in the petition that under the government order issued on June 2, 2023, a provision has been made to give ten points for inter-district transfer of teachers whose spouses are in government service, but this was made clear in the second government order passed on June 16, 2023. It was said that only those employees will be considered deployed in government service who are under Article 309 of the Constitution.

This was challenged by the petitioners calling it a violation of the right to equality. The court said in a detailed decision that there is no irregularity or illegality in the government's policy. The Court also made it clear that in exercise of the powers of Article 226, the Government or the Board cannot be ordered to make a policy nor can the above mentioned public sector employees be treated as employed in Government service.

However, the court has ordered the Basic Education Board to consider the case of petitioners with disabilities and serious illnesses.