KAPIL KUMAR SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant writ petition is filed by the petitioner, an Assistant Teacher of Abhoynagar N. S. Vidyalaya, Sadar, Challenging the order of transfer dated 8. 5. 2006 (Annexure - 5 to the writ petition) issued by the Director of School Education, Government of Tripura, the respondent No. 2 herein, whereby and whereunder the petitioner was transferred from Abhoynagar N. S. Vidyalaya, Sadar to Kulai Col High School under Inspectorate of Kamalpur, under Dhalai District, on the ground that he is working in the said school as an Assistant Teacher (NCC Trained) and an NCC commissioned officer and that he trained a number of NCC cadets in the school as well as at the state level and national level, but the school where he has been transferred, he has no scope to discharge such duties of an N. C. C commissioned officer as in the said school i. e. Kulai Col High School, there is no unit of N. C. C.

(2.) HEARD Dr. H. K. Bhattacharjee, learned Counsel for the petitioner and Mr. T. D. Majumder as well as Mr. S. Chakraborty, learned Additional Govt. Advocate appearing for the state respondents 1 to 3 in absence of Mr. D. C. Nath, learned Counsel for the state respondents. Also heard Mr. P. K. Biswas, learned Assistant SG appearing for the respondents 4 to 7.

(3.) BEFORE challenging the order of transfer by filing the present writ petition, the petitioner submitted a representation on 19. 5. 2006 (Annexure- 6 to the writ petition) to the Director of School Education praying for stay of the transfer order stating, inter alia, that his service cannot be transferred in Kulai Col High School where a Unit of N. C. C. is not available and that, before transferring him to the said school, the authorities did not take any permission from the Officer Commanding, N. C. C. as required as per order No. F. 77 (9) DE/71 dated 3. 9. 1976 issued by the Director of Education.