BITHIKA CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) . This appeal is directed against the order dated 08.10.2020 passed by the learned single judge in W.P(C) No. 663 of 2020 dismissing the petition of the appellant. The questions for consideration in this writ appeal are whether notification dated 20.09.2020 Annexure-4 . whereby and where under the appellant has been transferred from her present place of posting to Salema Colony Higher Secondary School at Kachucherra, Kamalpur 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 Subhas Nagar Higher Secondary School at Agartala in West Tripura District where she has been serving as the Head Mistress of the institution since 08.05.2018. By the impugned transfer order, she has been transferred to Salema Colony Higher Secondary School at Kachucherra at Kamalpur. It has been asserted that the appellant being the elected president of Tripura Government Educational Officers' Association (TGEOA), a recognized association of educational officers including teachers, enjoys a special privilege in the matter of transfer under Memo No.F 23(24)-GA/93 dated 28.02.1994 Annexure- 3 . 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 her transfer order was issued in total disregard of the said memorandum dated 28.02.1994 and moreover, she was discriminated and given posting in one of the remotest schools and her post transfer representation to the department projecting her difficulties including her illness and that of her old mother 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 Annexure-3 . for which the said transfer order is liable to be set aside.