MOZIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Having regard to the facts and circumstances involved in these two writ petitions, they are taken up together for decision and disposal.

(2.) In WP(C) No. 10,209/2003 (hereinafter referred to the "1 st petition"), the petitioner has made a grievance in respect of an order dated 8.12.2003 issued by the Deputy Inspector of Schools, South Salmara keeping in abeyance an earlier order dated 4.12.2003 by which he was transferred to another school in place of the respondent No. 4 who is the writ petitioner in WP(C) No. 382/2004 (hereinafter referred to the "2nd petition"). It is the case of the petitioner that in pursuance to the said order dated 4.12.2003 he has been released from his earlier school and joined the new school on 5.12.2003. However, by the impugned order dated 8.12.2003 the transfer order dated 4.12.2003 was kept in abeyance. This Court by an interim order dated 16.12.2003 stayed the order dated 8.12.2003 and there is no dispute that the petitioner has been continuing in the transferred school to the replacement of the respondent No. 4.

(3.) In the. 2nd petition, the writ petitioner who is the respondent No. 4 in the 1 st petition has assailed the legality and validity of the order of transfer dated 4.12.2003 on ground of same being punitive in nature. Referring to Annexure-6 to the writ petition, a letter dated 8.12.2003 issued by the Deputy Inspector of Schools, South Salmara addressed to the petitioner by which the petitioner was directed to join in the school to which he has been transferred indicating therein that the petitioner was so transferred due to public complaint, it is the case of the petitioner that the order of transfer is punitive and not in public interest. Further case of the petitioner is that such a course of action was adopted by the official respondents at the behest of the respondent No: 4, the writ petitioner in the 1 st petition. The petitioner made representation dated 7.12.2003 before the Deputy Inspector of Schools, South Salmara making a request therein to retain him in his original school. Contents of the said representation dated 7.12.2003 are as follows: