Debashis Sengupta vs State Of Tripura And Ors.

The petitioner is a Graduate Teacher in Government school. He suffers from locomotor disability, for which he has been issued the certificate by the District Disability Medical Board, West Tripura, Agartala, which he has produced at Annexure -1. Till the Education Department of Government of Tripura passed impugned order on 12th February 2020, he was working in a school at Agartala. He is now transferred to Ambassa in Dhalai District. He has made representations seeking cancellation of transfer and bringing him closer to his native place on the ground of his physical limitations. These representations are not yet decided. He has of course, in the meantime, reported to the place of transfer.

Learned counsel, Ms. Aradhita Debbarma, for the petitioner drew my attention to the provisions contained in the Rights of Persons with Disabilities Act, 2016 as well as on the policy of the Government of Tripura circulated under a communication dated 30th December, 1998 which takes into consideration such personal hardships of Government servants in the context of their transfer and postings. Ms. Debbarma for the petitioner also referred to an office memorandum dated 31st March, 2014 issued by the Ministry of Personnel, Public Grievances and Pensions, Government of India, in which it is envisaged that preference should be made available to the persons with disabilities for their postings and they should be kept out of the purview of routine transfers.

When, after reporting at the place of transfer, the petitioner had made a representation on the ground of his personal-physical hardships, the authorities should at least have considered the same in light of Government policies and suitably replied to the petitioner.

Under the circumstances, let the Director of Secondary Education, Government of Tripura, decide the petitioner's representations dated 5th March, 2020 and 15th July, 2020 within 1(one) month from today which shall be done bearing in mind the Government policies and the disability of the petitioner. For such purpose, the petitioner shall place a copy of this order before the said authority along with copies of the said representations. If the petitioner wishes to make additional representation, the same may also be annexed.

Petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.