Yes, there are detailed instructions in this regard, as per which all possible care should be taken to ensure that husband and wife working in Government service are posted to the same station.
In fact, recently fresh instructions were issued by the Government of India, specifically referring to the utmost importance attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, to ensure which guidelines were issued earlier by DOP&T in O.M No. 28034/7/86-Estt.(A) dated 3.4.86 and No.28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station.
In the new instructions issued vide Office Memorandum F. NO. 28034/9/2009-Estt.(A) dated the 30th September, 2009 by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), it has been highlighted that in the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station.
The relevant part of the said guidelines which are applicable in your case are reproduced as under:
“(iii) Where the spouses belong to the same Central Service:
The Cadre controlling authority may post the spouses to the same station.
(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-
The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.”
Therefore, you or your wife can make request to the appropriate authority in accordance with these guidelines for being posted at the same station. If this request is not accepted, you may try to approach the next higher authority. If you do not get justice even after approaching the higher authority, you may approach the Central Administrative Tribunal (CAT) seeking a direction in this regard to the Government.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
