Sanjaoy Sarkar vs State Of Tripura And Ors

Heard Mr. A. Bhaumik, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Additional GA appearing for the State-respondents.

This writ petition has been filed challenging the legality and validity of the impugned order of transfer, vide memorandum dated 28.08.2018 (Annexure 1 to the writ petition), transferring the petitioner from Kalikishore High School under Inspectorate of Schools, Udaipur to 82 Miles, Senior Basic School (Primary) under Inspectorate of Schools, Kailasahar, Unakoti District, which was signed by the Inspectorate of Schools on 01.09.2018.

Mr. Bhaumik, learned counsel appearing for the petitioner has submitted that in the memorandum dated 24.08.1993 issued by the Appointment & Services Department, Government of Tripura, it was decided that "ordinarily in the last one year of service of a Government employee, the employee shall not be transferred except to a place of his choice". By the said memorandum, all the departments of Government of Tripura were requested to ensure that this decision is strictly complied with.

Mr. Bhaumik, learned counsel further submits that the petitioner is due to retire on 31.12.2019, meaning thereby, that only about four months of his service is left.

A plain reading of the memorandum dated 24.08.1993 crystallizes that no State government employee shall be transferred, in the last one year service, except to a place of his choice and, it was further observed that, the said decision of the government is to be strictly followed with. The word "shall" appears to be mandatory in nature. This has further got support from the direction issued to all departments to comply the said instructions strictly.

The impugned transfer order ex facie appears to be in violation of the said memorandum dated 24.08.1993. However, keeping in mind the settled law that transfer is an incident of service, I direct the petitioner to submit a representation to the appropriate authority to consider his prayer, in the light and spirit of the memorandum dated 24.08.1993. The petitioner shall file the representation within a period of 2(two) weeks from today, and the competent authority shall inform its decision with a reasoned order, within the next 2(two) weeks from the date of receipt of the same.

Till then, the impugned transfer order dated 28.08.2019 (Annexure 1 to the writ petition) shall be kept in abeyance.

Liberty is reserved with the petitioner to approach this court, if he is aggrieved by the decision of the respondents.

With the above observation and direction, the instant writ petition stands disposed of.