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Judgment
Heard Mr. S.K. Muktar, learned counsel for the petitioner. Also heard Mr. P.K. Borah, learned Standing counsel for the Elementary Education Department.
This petition is directed against the order dated 21.06.2016 passed by the Block Elementary Education Officer vide Memo No.12346-50, whereby the services of the petitioner who is working as Head Teacher , No.2 Natun Chaprapara L.P. School has been allowed to utilize his service at Sarusulia L.P. School (EGS) (Single Teacher School) as Asstt. Teacher as per the verbal instruction of local MLA.
The petitioner contends that the order dated 21.06.2016 is essentially a transfer order, whereby the petitioner who is a Head Teacher of No.2 Natun Chaprapara L.P. School has been allowed to render the service at Sarusulia L.P. School (EGS) (Single Teacher School) as Assistant Teacher which is lower in rank, that too, on the verbal instruction of a local MLA. The petitioner, therefore, contends that the impugned order has been issued not in the interest of public service, but at the behest of the local MLA as it finds mention in the impugned order itself, whom the petitioner did not support at the time of election.
Though the writ petition pertains to the year 2016, no counter-affidavit has been filed by any of the respondents.
Mr. P.K. Bora, learned Standing counsel fairly submits that an order of transfer of an employee cannot be issued at the behest of a local MLA and accordingly Mr. Borah submits that the impugned order of transfer dated 21.06.2016 cannot meet the judicial scrutiny of this Court.
Upon hearing the learned counsel for the parties and having perused the materials available on record, it is evident from the impugned order dated 21.06.2016 itself that the same has been issued as per the verbal instruction of a local MLA, whereby the petitioner has been allowed to serve in another school as Assistant Teacher, whereas the petitioner is a Head Teacher rendering his service at No. 2 Natun Chaprapara L.P. School. Since the transfer and posting of the employee can be effected only in the interest of public service depending on the requirement the exigencies of service and the same cannot be issued on verbal instruction of any authority other than the authority competent to issue the transfer order, this petition is hereby allowed by setting aside the impugned order of transfer dated 21.06.2016 issued by the Block Elementary Education Officer, Barkhetri, Mukalmua vide Memo No. 12346-50.
Writ petition is accordingly disposed of.