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2016 DIGILAW 904 (CAL)

Sk Shah Alam v. State of West Bengal

2016-11-22

C.S.KARNAN

body2016
C. S. Karnan, J.: 1. The short facts of the case are as follows:- 2. The petitioner submits that he was appointed on 23.12.1998 under the 2nd respondent’s school as an Assistant Teacher. The petitioner has rendered his service with the satisfaction of his superiors, further the petitioner has been appointed as a Head Teacher on 26.3.2007. Thereafter the petitioner has been transferred from GOLCHER that is G.S.F.P School in Burdwan C.M.S. High School (Primary Section) as Head Teacher. The petitioner approached the concerned authorities in order to implement the mid-day service at the school. Under the circumstances the petitioner has been ordered transfer from the said school to Circle Sardar Urban-1, School, the transfer proceedings dated 6.6.2016. 3. The petitioner further added that the above said transfer order is the order of punishment besides being beyond the limits of the existing circle within which the petitioner is presently working. In the said order he has been refrained from obtaining the benefit of the admissible travelling allowance. Under these circumstances the 5th respondent namely the sub-Inspector of school had issued an order dated 9.6.2016 directing the petitioner to handover the charge to the Joint Head Teacher in his place. The aggrieved petitioner wrote a letter to the 4th respondent and revealed his complaint, the said complaint is still pending after providing further representations, the said transfer order has not been assigned for cogent reasons. 4. Further the petitioner has rendered efficient service as a teaching staff without any blemish whatsoever. Hence the writ petition has been filed to cancel the transfer order. 5. The highly competent counsel Mr. Samrat Chowdhury appearing for the petitioner submits that the respondents have issued a transfer order in an arbitrary manner without assigning any valid reasons and without any travel allowance. As of now, there is no complaint against the petitioner, who also rendered appropriate teaching service without any complaint. The learned counsel has cited an unreported judgment in MAT No. 667 of 2012 from the Calcutta High Court wherein the transfer order was set aside by the Hon’ble Division Bench. 6. The learned counsel Mr. B.P. Vaisya appearing for the District Counsel submits that the petitioner has been promoted as Head Teacher in the year 2007 at Golghar G.S.F.P School initially, thereafter he has been transferred from the said school to Burdwan C.M.S High Court in the primary section on 29.9.2011. 6. The learned counsel Mr. B.P. Vaisya appearing for the District Counsel submits that the petitioner has been promoted as Head Teacher in the year 2007 at Golghar G.S.F.P School initially, thereafter he has been transferred from the said school to Burdwan C.M.S High Court in the primary section on 29.9.2011. The present transfer order has been issued on 6.6.2016 i.e. after a period of about 5 years, the transfer also is within the district. As such the transfer rules have not been violated. The very competent counsel further submits that the transfer has been issued as per the guidelines of the existing rules in the interest of Primary Education after observing the complaints with all formalities. Therefore, the transfer is suitable for execution and accordingly carried out. The learned counsel further submits that the judgment cited by the said counsel for the petitioner is pertaining to physically handicapped teachers, as such the Divisional Bench order is not squarely applicable in the instant case. Further he had submitted a medical leave certificate obtained from a medical practicing Doctor in order to avoid the transfer order. Hence, the highly competent counsel entreats the Court to dismiss the above writ petition. 7. Considering the facts and circumstances of the case and the arguments advanced by the learned counsels on either side and on pursuing the attached documents this Court does not find any impediment in the transfer order since it has been issued as per guidelines of the existing school rules and regulations besides the petitioner has been transferred within the district, hence, the above writ petition does not possess any valid reasons as such. Accordingly the writ petition is dismissed. 8. Urgent Xerox certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties.