Court Rules Posting of Spouses in Same District Not Mandatory for Government Employees

The Lucknow bench of the High Court has ruled that it is not mandatory for government-employed spouses to be posted in the same district. The decision came while hearing a petition filed by a government employee challenging her transfer order.

 

The petitioner, employed as an assistant teacher under the Basic Education Department, argued that her transfer to a different district violated the state’s spouse posting policy. She cited the government order dated June 20, 2022, which recommends that married couples in government service be posted in the same district wherever possible.

 

However, the court clarified that the policy is a guideline, not a binding rule, and that administrative requirements and public interest take precedence over personal convenience. The bench observed that while the policy aims to support family life, it does not guarantee that both spouses will be stationed in the same place at all times.

 

The court’s order also referenced the state government’s transfer policy for 2024–25, which emphasizes the importance of administrative efficiency in deciding postings. The bench noted that such policies cannot override the employer’s right to make transfers in the interest of service requirements.

 

With this ruling, the court dismissed the petition and upheld the validity of the transfer order, setting a precedent that spouse posting policies are advisory in nature and subject to the discretion of the appointing authority.