ABDUL KADIR AKAND Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this writ petition, the petitioner has made a challenge to an order by which his earlier order of transfer has been cancelled after implementation of the same.

(2.) THE petitioner at the relevant point of time was serving as an Assistant Teacher in Rajagadhua Senior Madrassa. He had been serving as such in the School ever since his joining the school on 15.8.1990. By an order dated 28.1.2004 the petitioner was transferred from the said school situated in the district of Morigaoh to another school namely Kuaripukhuri Senior Madrassa in the district of Darrang which is stated to be the home district of the petitioner. The petitioner was so transferred against the vacant post which had arisen due to the retirement of the incumbent and the petitioner was transferred to the said school and the post in his own scale of pay with effect from the date of his joining. The petitioner was accommodated by such a transfer as per the request made by himself and his wife.

(3.) AS per the averments made in the writ petition, the impugned order dated 18.2.2004 is the outcome of the efforts made by the Superintendent of Kuaripukhuri Senior Madrassa, i.e., the respondent No. 5 to keep the petitioner away from the school so as to accommodate his own daughter as Assistant Teacher in the School. Various other grounds have been urged including the violation of the principles of natural justice. It is the case of the petitioner that he had been continuously working in the earlier school for the last 15 years away from his home district and his family. The wife of the petitioner made request to the authorities to bring her husband, i.e., the writ petitioner to his home district enabling him to stay along with his family and it was upon acceptance of such a request, the petitioner was favoured with the transfer by the aforesaid order dated 28.1.2004. However, the same was cancelled by the impugned order dated 18.2.2004 at a time when the petitioner stood already released from his earlier school and reported for duty in the new school.