There is no fundamental or civil right to have your spouse transferred near your residence

Karnataka High Court: While noting that there can be no claim of violation of a person’s fundamental or civil rights just because his wife is not being transferred near his residence, the Single Bench of Raghvendra S. Chauhan, J. dismissed petitioner’s writ petition praying for direction to include his wife’s name at the top of the Final List of Transfer (a transfer list of Government Employees in the category of “Husband and Wife”) for lack of maintainability.

The Petitioner was a Junior Assistant with Hubballi Electricity Supply Company, while his wife was working as a Physical Education Teacher at Government Juniour College, Budikote. He pleaded to the Commissioner of Public Instructions that he and his wife should be considered in the category of “husband and wife as Government employees”, and his wife should be transferred to a place nearby his residence. Later, aggrieved by a final provisional priority list wherein his wife’s name was pushed  down, he filed a representation before the Director of Public Instructions. However, by an Endorsement he was informed that the list published was correct. He thereafter filed a writ petition seeking inclusion of his wife’s name at top of the provisional list and quashing of the Endorsement.

The High Court observed that before it can issue any directions it ought to be satisfied about the maintainability of the writ petition. Since the petitioner failed to establish that his civil or fundamental rights were being violated by the impugned provisional list or by the Endorsement, the Court held that the writ petition was not maintainable and accordingly dismissed it. [Shreeshail Mudakappa v. State of Karnataka, 2016 SCC OnLine Kar 5058, decided on October 20, 2016]

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