SATYARANJAN DEBBARMA Vs. TTAADC

JUDGEMENT

(1.) THE challenge in the above two writ petitions is to the transfer order No. F. 112 (9)-ADC/edn/estt/05/1805-1872 dated 12. 08. 05 passed by the Principal Officer (Education), Tripura Tribal Areas Autonomous District Council (for short, the Autonomous District Council), an autonomous body of the tribals constituted under Sixth Schedule of the Constitution, whereby 61 Assistant Teachers and Kokbarak teachers including the two petitioners herein were transferred to the schools within the Autonomous District. Both the above noted cases having arisen against a same transfer order under similar circumstances, are proposed to be disposed of by this common judgment.

(2.) IN W. P. (C) No. 313 of 2005, the petitioner Sri Satyaranjan Debbarma was appointed as Kokbarak teacher on 5. 1. 93 by the Principal Officer (Education) of the Autonomous District Council, the second respondent herein. He joined on 15. 1. 93 and was posted at Anantpara Junior Basic school under Inspectorate of Schools, Ambassa where he served for 7 years upto 7. 2. 01. Thereafter, he was transferred to Dhangarbari Junior Basic school under Inspectorate of Schools, Teliamura on 8. 2. 01. After about 4 years, he was again transferred to Hazari Tingharia Junior Basic school on 25. 11. 04 followed by the impugned transfer order on 12. 8. 05 to Briksha Dhar R. P. Junior Basic school under Inspectorate of Schools, Gandacherra. The grievance of the petitioner is that the impugned transfer order, after a period of only 9 months, suffers from the vice of mala fide which is apparent from the short spell and amimus on the part of the respondents because of the fact that he was the Secretary of the Amarpur Unit of Tripura Tribal Employees' Association, a rival organization opposing the party in power in the Autonomous District Council. Frequent transfer orders in the backdrop of his rival position would, according to the petitioner, provide enough focus on the mala fide action by the respondent concerned. By means of this writ petition, he has prayed for quashing the said transfer order dated 12. 8. 05.

(3.) IN W. P. (C) No. 330 of 2005, the petitioner Sri Parimal Debbarma was initially appointed on 5. 1. 93 as Kokbarak teacher by the same authority and posted initially at Gatia Chowmuhani para Junior Basic school under the Inspectorate of Schools, Amarpur. Thereafter, on 7. 6. 94, he was transferred to Kalamajhi Junior Basic School under Inspectorate of Schools, Khowai followed by further transfer orders in 1995, 1999, 2000 and 2004 and finally on 12. 8. 05 which has been impugned herein. The grievance of the petitioner is that such frequent transfers was actuated not by public interest but by mala fide intention, he being an active member of an Employees' Association which is rival to those in power of the Autonomous District Council. The impugned transfer order dated 12. 8. 05 transferring him from Hrankhar Bari Junior Basic school under the Inspectorate of Schools, Harepkuwar, Khowai to Dalapati Para Junior Basic school under the Inspectorate of Schools, Gandacherra which is located in a remote place without good communication was, the petitioner felt, a measure to punish for his rival activity. The transfer order in question, according to the petitioner, put him under tremendous family dislocation particularly because his sons and daughter are studying at Khowai. He has pointed out that the proforma-respondents under the same Inspectorate of Schools at Harepkuwar, though longest stays were not transferred. Political animus being hands in glove actuating frequency in the order impugned, he has prayed for setting aside the same on ground of mala fide alone.