SURESH CHANDRA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Rule the petitioner Suresh Chandra Sarkar was appointee as the Assistant Mechanic under the Greater Calcutta Milk Supply Scheme created for the milk chilling stations in connection with the expansion of Haringhata Dairy and he was confirmed in that post Thereafter, he was appointed as the Senior Mechanic under the sail Scheme. By an order dated Sept. 22, 1969, the petitioner was appointed temporarily on transfer as Senior Mechanic (Plant an Refrigeration) created for the Dairy Engineering Section, Haringhata Farm, under the Greater Calcutta Milk Supply Scheme with effect from Sept. 16, 1969.

(2.) It is the case of the petitioner that the respondents have passed an order transferring him to the Beldanga Chilling Station. It is contended on behalf of the petitioner that the post of Senior Mechanic (Plant and Refrigeration) is not a cadre post and is created for the Dairy Engineering Section, Haringhata Farm, and that accordingly, he cannot be transferred to Beldanga Chilling Station. In support of this contention reliance has been placed on a Bench Decision of this Court presided over by D. N. Sinha, J. (as His Lordship then was) in State of West Bengal & Ors. Vs. Hirendra Nath, A.I.R. 1967 Cal., 285. This decision to some extent supports the contention made on behalf of the petitioner. On behalf of the respondents Mr. Sarkar has strenuously urged that Beldanga Chilling Station is a part of the Diary Farm at Haringhata and as such, the petitioner can be transferred to a similar post in the said station. I am unable to accept this contention. It is clear from the said order dated Sept. 22, 1969, a copy of which is Annexure 'B' to the affidavit-in-reply, that the petitioner was appointed to the post of Senior Mechanic (Plant and Refrigeration) which was created specifically for the Dairy Engineering Section, Haringhata Farm. It is true that Beldanga Chilling Station forms a part of the Diary Farm of Haringhata under the Greater Calcutta Milk Supply Scheme. But that will not justify a transfer of the petitioner appointed specifically to a non - cadre post as the Engineering Sec. of the Haringhata Farm. Instead of transferring the petitioner to Beldanga Chilling Station the authorities may depute him for any work that has to be performed by the petitioner at Beldanga Chilling Station for such period as they think fit and proper and in that case the petitioner will be liable to discharge his duties in that station. But he cannot be transferred permanently from the post of Senior Mechanic, Haringhata Engineering Sec. of the Haringhata Farm, to a similar post in the Beldanga Chilling Station.

(3.) In the circumstances,the respondents will not be entitled to transfer the petitioner to the Beldanga Chilling Station as stated above. The respondents will be entitled to depute him for any job in the Beldanga Chilling Station or any other Chilling Station for such period as they may think fit and proper. The Rule is made absolute to the extent indicated above, but there will be no order as to costs. No further order need be made on the application and the same be treated as disposed of also without any order as to costs.