RAMEN TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition under Article 226 ofthe Constitution of India has been preferred by the petitioner assailing the order of transfer issued by the Inspector of Schools, Nalbari District Circle, Nalbari vide Memo No. EST-10/53/94 13588-96 dated 6.11.96. Shown of details, the petitioner's case, in brief, is that he was appointed as Assistant Teacher in Samata High School and has been serving there since 27.3.89. He was upgraded to the post of Assistant Teacher in the graduate scale with effect from 31.3.93. Sometime in the month of February, 1996 he was served with an order of transfer to Bali High School in place of Shri Aswini Goswami who was transferred to Samata High School. The transfer order has been assailed as malafide on the ground that it was passed at the behest of Minister of Agriculture to oust him from the school for political reasons. Further the transfer has been challenged on the ground that his seniority will be affected adversely and it would mean a reduction in rank amounting to imposition of punishment. According to the petitioner, no public interest is involved in his transfer which is passed in violation of all the established procedure of law.

(2.) In the counter affidavit filed by the private respondent No.4, the contention raised by the petitioner has been denied in its entirety with the assertion that there was no malafide in issuing the transfer order. The allegation of influence by the local Minister has also been denied and it is averred further that his transfer order was issued on consideration of a representation submitted by him on the ground that he was advised by his physician not to move on bicycle to cover a distance of 12 Kilometres to attend his school. The transfer of the petitioner to the Bali High School will not affect his seniority in any manner as the seniority is always determined according to the length of service in the scale and not in the school. It is important to mention here that the Respondents Nos.1,2 and 3 have not filed any affidavit denying the allegations made.

(3.) The learned counsel for the petitioner at the initial stage of his argument referred to a note written by the Minister, Agriculture at Annexure-'B' wherein the Minister concerned requested the Inspector of Schools to transfer the Respondent No.4 to Samata High School and vehemently argued that because of the, interference of the Minister, the petitioner was transferred to Bali High School and thiis action in no ay can be construed to be in the interest of public service.