SOVAN LAL CHATTERJEE Vs. STATE

JUDGEMENT

(1.) The instant writ petition is directed against some orders of transfer passed by Inspector General of Prisons, West Bengal on different dates 14.12.1990, 5.3.1991 and 7.3.1991 (being Annexure-A of the Writ Petition) transferring the petitioners who are Wardens, except the petitioner No. 5 who is Head Warder under the Dum Dum Central Jail Circle transferring them to different jails in different circles, viz., Berhampur Circle and Midnapore Circle.

(2.) The West Bengal Jail Administration is divided into 5 separate circles, each circle is comprised of different District and Subsidiary Jails forming the circle. Some of the petitioners have been transferred to Coach Behar District Jail which is comprised within Bethampur Circle and some of the petitioners have been transferred to Purulia District Jail which is comprised within Midnapore Central Jail. Petitioners who are at the moment working in the Dum Dum Central Jail, were appointed by the Superintendent of Dum Dum Central Jail the Appointing Authority, and their inter-se seniority as reflected in the Gradation List prepared and maintained by Dum Dum Jail Circle. Petitioners were posted in different jails during their service career and all their prior transfer from one jail to other were made strictly within Dum Dum Central Jail Circle.

(3.) Petitioners are aware that transfer is an incident of service and they were subjected to transfers from one jail to another but such transfers were strictly confined within the circle in terms of the jail code. Petitioners made representations against the impugned order of transfer stating that they were willing to be posted in any jail within the Dum Dum Circle. The principal contentions of the petitioners in the writ application are that under the jail code which has statutory force and which governs jail employees, Warders and Head Warders etc. are governed by provisions contained in the said jai code.