SUKUMAR DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This appeal is directed against the order dated 07.10.2020 passed by the learned single judge in W.P(C) No. 659 of 2020 dismissing the petition of the appellant. The questions for consideration in this writ appeal are whether memo dated 19.09.2020 Annexure-6 whereby and where under the appellant has been transferred from his present place of posting to Chawmanu Class XII School in Dhalai District is vitiated by malafides or made in violation of any statute and whether the learned single judge is justified in not interfering with the said order of transfer.

(2.) Brief facts of the case which are necessary for deciding this appeal are as under.

(3.) The appellant is presently posted in Duraichara Shib Bari High School, Kamalpur in Dhalai District where he has been serving as a graduate teacher. By the impugned transfer order, he has been transferred to Chawmanu Class XII School within the same district. It has been asserted that the appellant being the elected secretary to the Sub-Divisional Committee of Tripura Government Teachers' Association (H.B. Road), a recognized association of school teachers, enjoys a special privilege in the matter of transfer under Memo No.F 23(24)- GA/93 dated 28.02.1994 which, inter alia, contemplates that transfer of the designated office bearers of recognized employees' association, when warranted by administrative requirements, shall be made only with the approval of the departmental minister. Case of the appellant is that his transfer order was issued in total disregard of the said memorandum dated 28.02.1994 and moreover, his post transfer representation to the department projecting his difficulties was given no consideration at all by the respondents. According to the appellant, the said transfer order is thus vitiated by malafides and against the executive instructions contained in Memo No.F 23(24)-GA/93 dated 28.02.1994 for which the said transfer order is liable to be set aside.