DILIP KR SAKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who is an M.E. School 'teacher has assailed the legality and validity iof an order dated 14.10.2003 by which he has been transferred to another School.

(2.) The petitioner while was serving as Graduate Science Teacher in Jumurmur Milan Bidyapith M.E. School under Nagaon Sub Division was transferred and posted to Bamuni M.E. School by an order dated 14.2.2003. Pursuant to the said order of transfer, the petitioner joined Bamuni M.E. School and has been continuing there. According to the petitioner he has been selected for appointment us Headmaster and his position in the select list is at serial No. 137 as against the position of the respondent No. 4 at serial No. 169. It its the case of the petitioner that the respondent No. 4 having regard to his lower merit position in the select list than that of the petitioner, has been trying hard to see the ouster of the petitioner from the school paving the way for him to become the Headmaster of the School and with that purpose he has mastered the impugned order of transfer of the petitioner with the political influence he has through his sister-in-law.

(3.) By the impugned order dated 14.10.2003, the petitioner has been transferred to Krishna Handique M.E. School in Hojai Sub Division and the respondent No. 5 has been transferred to his place. Being aggrieved, the petitioner made a representation dated 31.10.2003 before the District Elementary Education Officer, Nagaon urging various grounds for cancellation of the impugned order of transfer. Placing reliance on Annexure-V and V(I) Memorandums dated 4.2.2003, and 22.5.2002, it is the case of the petitioner that his transfer is in violation of the guidelines laid down therein, more particularly the one relating to three years of tenure at a place of posting which further requires that in the event of transfer before completion of the tenure of three years, the prior approval of the Chief Minister is to be obtained. According to the petitioner, no such prior approval has been obtained, although he has been sought to be transferred by the impugned order, even before completion of the tenure of three years in his present school.