DIPANKAR SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the appellant as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents.

(2.) By means of this inter-court appeal, the order dated 01.10.2020 delivered in W.P.(C)No.625 of 2020 by the learned Single Judge has been challenged. In the writ petition, the appellant had challenged the memorandum dated 26.08.2020 Annexure-12 in the memorandum of appeal. whereby in the public interest, the petitioner has been sought to be transferred to the office of the District Project Coordinator (District Education Officer), North Tripura.

(3.) The petitioner was engaged as the Junior Engineer Grade-1 pursuant to the employment notification dated 06.07.2013 Annexure-1 to the memorandum of appeal. From a reading of the said notification it comes to the fore that applications were invited from bona fide Indian citizens for engagement to the post of Junior Engineer Grade-1 on purely contract basis in the State Office of SSA Rajya Mission, Tripura for a period of one year or cessation of SSA programme, whichever is earlier. The petitioner was appointed by the memorandum dated 22.08.2013 Annexure-2 to the memorandum of appeal. whereby it has been clearly stated that recruitment was for the state project office of SSA Rajya Mission, Tripura, on purely contractual basis on a fixed monthly remuneration of Rs.14,986/- for a period of 1(one) year. In the engagement letter, the conditions as laid down, there nothing has been provided in respect of his transfer posting liability. For that reason, the said appointment in the state project office or for the said project and office has become the basis of challenge of the transfer order dated 26.08.2020 Annexure-12 to the memorandum of appeal. According to the learned Single Judge, that is the sole ground for challenging the said transfer order dated 22.08.2013, inasmuch as the petitioner has asserted that he does not have any transfer liability against his engagement to the post of Junior Engineer Grade-1. Learned Single Judge while dismissing the writ petition has observed that the petitioner is not a full time government servant, is not even a regular employee of a regular establishment. In a project financed by the Union of India and implemented by the State Government, he is engaged on a contractual basis. In such capacity, he has little tenure protection, much less protection against reshuffle. The organization required his service at a place different from where he was initially engaged. This is for the first time in seven years that he has been asked to shift his place of working. No illegality can be found in such an order.