Disposed

Asit Kr. Bhowmik v. the State of Assam and 5 Ors.

Gauhati HC2 Nov 2021WP(C)/3512/2017

Case brief

AI extract

What is this about?

Petitioner assistant teacher challenged cancellation of transfer order alleging violation of Article 14. Court held challenge no longer viable after four years. Petition disposed without adjudication; petitioner to remain at current posting pending new decision by authorities.

What did the court decide?

No adjudication required; petitioner to continue serving at Kacharidag ME School pending authorities' decision on transfer.

Asit Kr. Bhowmik Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010131662017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3512/2017

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ASIT KR. BHOWMIK

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ASSTT. TEACHER OF KACHARIDAG ME SCHOOL S/O. LT. DINESH BHOWMIK, VILL. CHILAMARI, P.O. and P.S. KHOIRABARI, DIST. UDALGURI BTAD, ASSAM, PIN-784522.

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VERSUS

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THE STATE OF ASSAM and 5 ORS.

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REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY., PIN-781006.

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2:THE DIRECTOR

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ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.-781019.

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3:THE PRINCIPAL SECRETARY

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BTC P.O. and P.S. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM PIN-783370.

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4:THE DIRECTOR OF EDUCATION

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BTC P.O. and P.S. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM

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Page No.# 2/4

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PIN-783370.

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5:THE DIST. ELEMENTARY EDUCATION OFFICER UDALGURI P.O. and P.S. UDALGURI DIST. UDALGURI BTAD ASSAM PIN-784509. 6:THE BLOCK ELEMENTARY EDU. OFFICER KOIRABARI ELEMENTARY EDUCATION BLOCK P.O. and P.S. KHOIRABARI DIST. UDALGURI BTAD ASSAM PIN-784522

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Advocate for the Petitioner : MS.S RAHANA

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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02.11.2021

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Heard Mr. A Matin, learned counsel for the petitioner. Also heard Ms. N Phukan, learned counsel for the respondents No.1 and 2 being the authorities in the Elementary Education Department, Government of Assam. Also heard Ms. RB Bora, learned counsel for the respondents No.3, 4, 5 and 6 being the authorities in the Education Department of the BTC.

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The petitioner who is an Assistant Teacher in the Nichilamari ME School was transferred to the Kacharidag ME School in the Darrang district as per the order dated 31.08.2016 of the District Elementary Education Officer, Udalguri.

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Page No.# 3/4

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Subsequent thereto, by another order dated 19.05.2017, the earlier order dated 31.08.2016 was cancelled. Being aggrieved this writ petition has been instituted on the grievance that it is a case of frequent transfer of the petitioner and, therefore, a violation of Article 14 of the Constitution of India.

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An interim order dated 12.06.2017 was passed that until further order(s), the order impugned dated 19.05.2017 shall remain suspended. The interim order is continuing even as on date. Consequence thereof is that the petitioner is presently serving in the Kacharidag ME School to which school he was transferred by the order dated 31.08.2016. As four years have elapsed in the meantime, we are of the view that the challenge made by the writ petitioner against the order impugned dated 19.05.2017 by which his earlier transfer order was cancelled no longer holds its force. Consequently, no adjudication is required in this writ petition.

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Transfer is an incidence of service and it is the prerogative of the respondent authorities to decide as to where the public interest requires the posting of the petitioner. Leaving the aforesaid aspect open, the writ petition is disposed of.

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As we have left it open to the authorities to take a decision as to where the petitioner should now serve, it is provided that till such a decision is arrived at by the authorities, the petitioner shall continue to serve in his present place of posting i.e. Kacharidag ME School.

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The writ petition stands closed in the above terms.

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JUDGE

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Comparing Assistant

Asit Kr. Bhowmik v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Asit Kr. Bhowmik v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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