There is no reason for the government to ignore the Policy which facilitates the very issue raised by the Petitioner. Given that the Policy has been issued by the government and has existed since 1998 for this very purpose, it is their responsibility to implement the Policy and its implementation cannot be left at the whims and mercy of the competent authority. While transfer and posting is the discretion of the competent authority it is to be made in the public interest for the benefit of all based on fairness and a lawful administrative process which reflects not only the administrative requirements of the State but also balances the needs and requirements of government employees. The Policy is designed to guide the transfer and posting of married government employees and is grounded in public interest serving as an impartial administrative measure, that is fair, reasonable and consistent with the rights and legitimate expectation of the employees. The Policy was designed with the intent to protect the institution of marriage and the family based on the hardships faced by spouses and unmarried female employees when transferred to different places. There is nothing in the Policy that places a limitation on the time frame within which a transfer can be maintained, rather it promotes welfare and family life as the underlying consideration while issuing transfer orders. Its implementation ensures that the State is able to function effectively and at the same time ensures that all government employees can work with dignity within the ambit of their family and marriage.
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