ARUNENDU DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A.K. Bhowmik, learned senior counsel for the petitioner and Mr. U.B. Saha, learned senior Government Advocate, for the respondents.

(2.) With the consent of the learned counsel of both the parties the writ petition is finally disposed of.

(3.) The petitioner Shri Arunendu Deb, Sub Divisional Controller, Food and Civil Supplies, by the order dated 16th December, 1998 was transferred in the same capacity to Kumarghat in the North Tripura District under the Sub- Divisional Officer, Kailashahar, North Tripura. The petitioner did not join and went on medical leave. The respondents employer directed the petitioner to face Medical Board. The petitioner appeared before the Medical Board. The Standing Medical Board on 11th February, 1999 found that the medical leave applied was justified. The Standing Medical Board further recommended that the petitioner may be posted in a place where there is Medical Specialist such as District or Sub Divisional Hospital in Tripura. Pusuant to that observation of the Standing Medical Board the respondent employer modified the petitioner's transfer order and posted him to the Office of the Sub Divisional Officer, Kailashahar, North Tripura. The petitioner assailed the transfer order by way of writ petition before this Court which was registered as Writ petition(Civil) No. 171 of 1999. The learned Single Judge rejected the petition. A Division Bench of this Court in Writ Appeal No. 56 of 1999 set aside the order passed by the learned Single Judge and gave the following directions :