High Court of TripuraWP(C)/267/2015disposed of

Bidyut Majumder v. The State Of Tripura And ORS

2015-07-14The Hon'Ble Mr. Justice S.C.Das1 pages

Case No :WP(C) 0000267/2015 Party Name : BIDYUT MAJUMDER Vs THE STATE OF TRIPURA & ORS THE HONBLE MR. JUSTICE S.C.DAS Heard learned Sr. counsel Mr. A. C. Bhowmik for the petitioner and learned Addl. G.A., Mr. S. Chakraborty representing respondent Nos. 1 to 4. It is submitted that the petitioner is a Subject-teacher of History posted in Madhuban Dukli H.S. School. By a transfer order issued on 01.07.2015 he has been transferred from Madhuban Dukli H.S. School to Manaipathar H.S. School, Sonamura. By filing this writ petition, his transfer order is challenged on the ground that he has been singled out for transfer though there are other teachers posted in the School for more than 10 years. He is the only Subject-teacher of History in the School and because of his transfer the students also will suffer.

The main ground what is taken is that he is suffering from severe Arthritis and he is under treatment at Agartala and in case he is transferred at Manaipathar, Sonamura he will not be in a position to attend the School regularly and as a result actual public purpose will suffer. Learned Sr. counsel Mr. Bhowmik, therefore, pending disposal of the writ petition, prayed for an interim order. The transfer order was issued on 01.07.2015. There is nothing to show that the petitioner made any representation stating his difficulties to his authority to reconsider the order of transfer. At this stage learned Sr. counsel has submitted that due to shortage of time no representation could be submitted and that the petitioner is ready to make such representation if breathing time is given to the petitioner.

I think, the petitioner may be given some time to make his representation ventilating his difficulties and therefore, it is hereby ordered that the petitioner may make representation within 10 days from today to his authority to reconsider the order of transfer and the respondents are directed to dispose the representation within one month from the date of making the representation by a speaking order and to supply a copy of the order to the petitioner and in the meantime, the transfer order shall not be given effect till the date of disposal of the representation. With this observation, the writ petition stands disposed of. A copy of this order be given to the learned counsel of the petitioner as well as learned Addl. G.A.

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