Sri Arup Kumar Das v. The University Of Calcutta And ORS

40 16.5.2023 Sc Ct. no.22 WPA 10398 OF 2023 -------------- Sri Arup Kumar Das Vs.

The University of Calcutta & Ors.

Mr. Sabyasachi Mukherjee Ms. Debarati Choudhury Mr. Bibek Dey Mr. Mukesh Khanna Mr. Syed Neaz Ahmed.

....For the Petitioner Mr. Nilotpal Chatterjee Mr. Satyaki Banerjee.

....For the Respondent No.1 Mr. Subhrangsu Panda Ms. Ina Bhattacharyya Ms. Mithu Singha Mahapatra.

....For the Respondent Nos. 2 to 7 The petitioner claimed to have been appointed for the post of whole time Assistant to the Accountant. The petitioner is aggrieved by the decision of the employer that for an inter departmental transfer.

On instruction, Mr. Subhrangsu Panda, learned counsel appearing for the respondent nos. 2 to 7, the relevant college submitted that, it is within the same premises even in the adjacent building where he is working at present.

The petitioner submitted that, he is at present posted at the Library of the relevant college though he did not have any specialised degree to manage the affair of the Library. After considering the submissions and materials on record it appeared to this Court that, there was no transfer

in fact insofar as the employment of the petitioner was concerned. No case of fraud or malice had been made out as required to be made out in law in the writ petition against the employer by the petitioner. The petitioner cannot choose his posting or nature of work at his own whims and fancy. It is the discretion of the employer. This writ petition is totally misconceived, harrassive, frivolous and is liable to be and should be dismissed in limine.

Accordingly, this writ petition stands dismissed, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)