TAPAN MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner, Shri Tapan Majumder, challenging the order of transfer dated 20.03.2010 (Annexure-5 to the writ petition), by which he was transferred from Gamaria Higher Secondary School, Udaipur to Tulamura Higher Secondary School, Udaipur, while the petitioner was functioning as elective Secretary of Udaipur Sub-Divisional Committee of All Tripura Teachers' Association, an Association recognised by the Government of Tripura.

(2.) Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. B. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. J. Majumder, learned State counsel appearing for the State-respondents.

(3.) The pleaded case of the petitioner is that he, at the relevant time, was holding the post of the Secretary of Udaipur Sub-Divisional Committee, a recognized Association, and as such, is not liable to be transferred beyond the Sub-Division Headquarter without the prior approval of the Hon'ble Minister. In the instant case though the petitioner was transferred along with 73 persons, vide impugned transfer order dated 20.03.2010, but the fact relating to holding the post of office bearer of the Sub-Divisional Committee, like Secretary, was not brought to the notice of the Hon'ble Minister. Hence, the said transfer order is liable to be dismissed. It is further stated in theparagraph-8 of the writ petition that the petitioner submitted a representation dated 25.03.2010 to the respondent No. 2, Director of School Education informing that he was holding the post of Secretary of Udaipur Sub-Divisional Committee of All Tripura Teacher's Association and that he could not be transferred to the new place of posting at Tulamura Higher Secondary School as per Memorandum dated 28.02.1994 issued by the Appointment and Services Department, Government of Tripura and admittedly the said representation has not yet been disposed of by the authority concerned. Hence, this writ petition.