High CourtsSingle Bench(2020) 07 TP CK 0051

Debasish Dey vs State Of Tripura And Ors

Tripura High Court · Decided on 9 July 2020

HON’BLE JUDGES
Akil Kureshi, CJ
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 426 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 271 words
1.

The petitioner is working as Lower Division Clerk (LDC, for short) in the Government department. He has been transferred from Mohanpur to Kailashahar by the impugned order dated 20.05.2020. He has challenged this order mainly on the grounds that this is a third transfer in a short span of about 18 (eighteen) months and that the petitioner as well as his wife suffer from various health issues which would make it difficult for the petitioner to shift the location at this point of time. Learned counsel for the petitioner submitted that the petitioner is suffering since long with respiratory malfunctioning. Considering the spread of Coronavirus, the petitioner is at a high risk.

2.

In the matters of transfer, Court's jurisdiction is extremely narrow. In any case, as per settled law the employee must first approach the competent authority by making a representation before approaching the Court.

3.

Under the circumstances, let the petitioner make a representation to the competent authority within a period of one week from today. If such a representation is made, the same may be decided within 2(two) weeks of its receipt.

4.

Counsel for the petitioner submitted that though petitioner's leave has been sanctioned by the competent authority, he has not been paid salary for the leave period. It would be open for the petitioner to include this aspect also in the representation. Once the representation is decided, if any of the petitioner's grievances still survive, it would be open for the petitioner to file a fresh petition.

5.

With these observations and directions, petition is disposed of.

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