Writ petition filed by an Assistant Teacher seeking transfer on health grounds. Court disposed of petition granting liberty to utilize the government's newly opened online portal for teacher transfer to initiate the process.
Writ petition disposed; liberty granted to petitioner to use the online portal for teacher transfer.
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GAHC010022932021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/876/2021
SHEULY LASKAR
W/O SRI SUSHANTA ROY, RESIDENT OF PUBLIC SCHOOL ROAD, BIPIN DAS LP SCHOOL GOLI, PO AND PS RANGIRKHARI, DIST CACHAR, 788005, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI 6
2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 19
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM 788003
4:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR BLOCK CACHAR SILCHAR ASSAM 788115
5:THE DEPUTY INSPECTOR OF SCHOOLS CACHAR SILCHAR
Advocate for the Petitioner : MR. D K SARMAH Advocate for the Respondent : SC, ELEM. EDU
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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA
ORDER
Date : 02.09.2022
Heard Ms. A. Talukdar, learned counsel for the petitioner. Also heard Mr. P. K. Borah, learned standing counsel, Elementary Education Department, Government of Assam.
The petitioner who is working as an Assistant Teacher at 373 No. Borai Basti L.P. School in the District of Cachar, is seeking transfer to Ram Kumar Nandi L.P. School under Silchar Block, Cachar, due to some health problems.
The petitioner had earlier approached this Court by filing a writ petition being WP(c)2595/2018 in connection with her transfer and posting as discussed hereinabove, which writ petition was disposed of vide order, dated 24.09.2018, whereby this Court had directed the respondent authorities to dispose of the representation submitted by her within 45 days from the date of receipt of the representation, by a speaking order. Pursuant thereto, the respondent authorities had initiated a process for her transfer from 373 No. Borai Basti L.P. School in the District of Cachar, to Ram Kumar Nandi L.P. School under Silchar Block, Cachar, and accordingly, a letter, dated 21.12.2018, was written by the District Elementary Education Officer, Cachar, to the Director of Elementary Education, Guwahati, vide Memo. No. DEO-340/SIU/LP-UP/2017/7498.
The process initiated as indicated hereinabove, however, did not yield any result because of the impugned order, dated 15.11.2020, passed by the Director of Elementary Education, Guwahati, vide Memo. No. EHA/B/30/2018/164-A, whereby the processs initiated to transfer the petitioner from 373 No. Borai Basti L.P. School in the District of Cachar, to Ram Kumar Nandi L.P. School under Silchar Block, Cachar, was halted on the ground that vide Memo. No. AEE.119/2017/8-A, dated 25.05.2017, the
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Government has instructed all the DEEO/DC to issue suitable instructions to all the officials, Elementary Education, not to indulge any transfer/ adjustment/attachment, etc..
Assailing the aforesaid impugned order, dated 15.11.2020, referred to hereinabove; the writ petitioner has filed this petition, seeking her transfer from 373 No. Borai Basti L.P. School in the District of Cachar, to Ram Kumar Nandi L.P. School under Silchar Block, Cachar, on health grounds.
Though no counter affidavit has been filed by the State Respondents; Mr. Borah, learned standing counsel, Elementary Education Department, Government of Assam, has submitted that he has received instruction to file the counter affidavit and from the instruction provided by the Department, he has produced a copy of the Notification, dated 09.08.2022, issued by the Secretary to the Government of Assam, Secondary Education Department, vide Memo. No. ASE.600/2021/298-A, whereby the Government of Assam has opened an online portal for transfer of the Teachers in exercise of power under Rule 18 of the Assam Elementary and Secondary School Teachers(Regulation of posting and Transfer) Rules, 2022, whereunder, the transfer and posting of the Teachers are now being processed by the Government.
In view of the above, this writ petition is hereby disposed of with a liberty granted to the petitioner to avail the services of the online portal for transfer of the Teachers for her transfer from 373 No. Borai Basti L.P. School in the District of Cachar, to Ram Kumar Nandi L.P. School under Silchar Block, Cachar.
The writ petition stands disposed of, in terms above.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petition for transfer of the petitioner teacher on health grounds should be disposed of given the government's new online portal mechanism.
Whether the petitioner is entitled to avail the services of the online portal for transfer of teachers under the new rules.
1 provisions across 1 enactments
SHEULY LASKAR
THE STATE OF ASSAM
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT
DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA
DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR
Nani Tagia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
