SUMENDRA DEBBARMA AND ANR. Vs. TTAADC AND ORS.

JUDGEMENT

(1.) SAME transfer order being under challenge on same of similar grounds by the two Petitioners, the above two will petitions filed by them are proposed for disposal by this common judgment.

(2.) IN W.P. (C) No. 329 of 2005 the Petitioner Shri Jogendra Debbarma was initially appointed on 24.10.1985 as Kokbarak Teacher by the Director of School Education, Govt. of Tripura, the fourth Respondent herein and posted at Kamlaibari Primary School under the Inspector of Schools, Amarpur, South Tripura District. On 31.1.1989, after more than three years, he was transferred to Ratanpur Jumia Colony J. B. School under the Inspector of Schools, Khowai by an order of the Inspector of Schools under the Tripura Tribal Areas Autonomous District Council (for short 'District Council') followed by Anr. transfer on 1.4.1999, after a period of ten years, to Sera Chandra Para J.B. School by an order of the Principal Officer (Education) under the District Council. On 29.11.2000 he was again transferred to Radhanagar J.B. School and then on 12.8.2005 to Kablaiha R.P. J.B. School under the Inspector of Schools, Gandacherra by the same authority, i.e. the Principal Officer (Education) of the District Council. This last transfer order, which was after about five years of his stay at Radhanagar J.B. School, came to be impugned by means of this writ petition.

(3.) IN both the cases the two Petitioners have been transferred by same transfer order dated 12.8.2005, which is under challenge on the common grounds that having been appointed by the Director of School Education, Govt. of Tripura they are not liable to be transferred by the Principal Officer (Education) of the District Council. It has also been contended that the District Council was constituted after their appointment and, therefore, while placing their services at the disposal of the District Council, it was incumbent upon the State Government to obtain their consent as required by FR 110 (a) of the Fundamental Rules applicable to the State of Tripura. Both the Petitioners claim that they are active supporters and office bearers of the Tripura Tribal Employees Association, which is a rival organization against the party in power in the District Council. According to them, political consideration, not the public interest was behind their transfer, which is apparent from frequency in their transfers making the impugned order mala fide. The other contention is that the proforma -Respondents, who are longer stayee, were not transferred which fact again eloquently indicates arbitrariness on the part of the Respondent concerned. On these grounds they have prayed for setting aside and quashing the impugned transfer order.