IN RE: PRITIGOPAL CHANDA Vs. STATE

JUDGEMENT

(1.) As suggested and agreed to, the matter has been finally heard by this Court since the Respondents have produced all the relevant files and papers.

(2.) Heard Mr. Sengupta, learned Advocate for the Petitioner and Mr. Ghosh, learned Advocate for the Respondents authorities. It appears that the Petitioner, who happens to be a Judicial Officer under the West Bengal Higher Judicial Service, filed this writ petition challenging the impugned order of transfer dated May 7, 1993 and May 31, 1993, copies being in Annexs. 'J' and 'L' to the petition and also the order dated April 14, 1993 and also praying for permitting the Petitioner to remain in the present posting or any suitable posting in and around Calcutta and for restraining the Respondents from disturbing the Petitioner from carrying on his duties as Judge, Second Special Court (Essential Commodities Act), Calcutta in any manner whatsoever.

(3.) It is contended on behalf of the Petitioner that the Petitioner would shortly reach the age of 58 years and it is within less than 6 months time and if he is to retire by 60 years age in terms of the order of the Hon'ble Supreme Court, he can continue for sometime more till the age of 60 years. In fact, he is in his last days of retirement after a long working career. It is further stated that the Petitioner happens to be a heart patient. There is a Medical Advice that if the situation occurs, he has to undergo Thoracic surgery. Petitioner has stated in detail that by the impugned orders, he is sought to be posted at Burdwan where there is no medical facilities for necessary surgery and he has also produced a written opinion of the Director of Health Services (Admn.), West Bengal, being in Annex. 'K' to the petition wherein it is noted that there is no such medical facility as needed by the Petitioner if the situation arises for his Thoracic surgery at Burdwan.