Allowed

Sujata Debbarma v. State of Tripura and Ors.

Tripura HC6 Nov 2017WP(C)/1323/2017

Case brief

AI extract

What is this about?

The High Court dealt with a writ petition filed by a transferred post-graduate teacher seeking release from her new posting. The petitioner faced difficulties joining due to lack of transfer facilitation. The Court noted operational constraints but directed the respondents to release her within six weeks once a substitute teacher is posted. The writ petition was allowed.

What did the court decide?

Respondents directed to release the petitioner within six weeks after posting a substitute teacher in the original school.

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
06.11.	WP(C) 1323 of 2017 BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA 2017 Heard Mr. Arijit Bhowmik, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents. The petitioner is a post graduate teacher presently working at Chailengta H/S School, Langtharai Valley. By the order under No. F.1(2-1)-SE-E(NG)- 2017(L-339) dated 19.07.2017 [Annexure-1 to the writ petition] she has been transferred to Sukanta Academy English Medium H/S School, Ranir Bazar under Jirania Block. The grievance of the petitioner is that despite having approached the controlling authority, she has not been released from the present place of posting for enabling her to join the new place of posting. By the order dated 25.10.2015, Ms. A.S. Lodh, learned Addl. G.A. was requested to obtain instruction and apprise this court why after issuance of the transfer order the petitioner had not been released as yet. Today Ms. A.S. Lodh, learned
	Addl. G.A. has produced a written instruction wherefrom the difficulty of the controlling officer is revealed. According
	to the respondents, the petitioner is a
	single psychology teacher in the

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

06.11.

WP(C) 1323 of 2017
BEFORE
THE HON’BLE MR. JUSTICE S. TALAPATRA
2017
Heard Mr. Arijit Bhowmik, learned
counsel appearing for the petitioner as
well as Ms. A.S. Lodh, learned Addl. G.A.
appearing for the respondents.
The petitioner is a post graduate
teacher presently working at Chailengta
H/S School, Langtharai Valley. By the
order
under
No.
F.1(2-1)-SE-E(NG)-
2017(L-339)
dated
19.07.2017
[Annexure-1 to the writ petition] she has
been transferred to Sukanta Academy
English Medium H/S School, Ranir Bazar
under Jirania Block.
The grievance of the petitioner is
that despite having approached the
controlling authority, she has not been
released from the present place of
posting for enabling her to join the new
place of posting. By the order dated
25.10.2015, Ms. A.S. Lodh, learned Addl.
G.A. was requested to obtain instruction
and apprise this court why after issuance
of the transfer order the petitioner had
not been released as yet.
Today Ms. A.S. Lodh, learned

Addl. G.A. has produced a written
instruction wherefrom the difficulty of the
controlling officer is revealed. According

to the respondents, the petitioner is a

single
psychology
teacher
in
the

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
	WP(C) 1323 of 2017 Chailengta H/S School, Langtharai Valley and unless a substitute teacher is posted to that school and if the petitioner is released, the curricular activities will be disrupted. This court finds sufficient reason in deferring the petitioner’s release. However, having interacted with Ms. A.S. Lodh, learned Addl. G.A. this court has gathered that the process of appointing the post graduate teacher are on the verge of completion and it is expected that within a short while, the substituted teacher would be posted in the said school, wherefrom the petitioner has been transferred. In view of the above, the respondents are directed to release the petitioner within 6(six) weeks from today after posting a substitute teacher in that school. In terms of the above, this writ petition stands allowed. There shall be no order as to costs.
	JUDGE

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

WP(C) 1323 of 2017
Chailengta H/S School, Langtharai Valley
and unless a substitute teacher is posted
to that school and if the petitioner is
released, the curricular activities will be
disrupted.
This court finds sufficient reason
in deferring the petitioner’s release.
However, having interacted with Ms. A.S.
Lodh, learned Addl. G.A. this court has
gathered that the process of appointing
the post graduate teacher are on the
verge of completion and it is expected
that within a short while, the substituted
teacher would be posted in the said
school, wherefrom the petitioner has
been transferred.
In
view
of
the
above,
the
respondents are directed to release the
petitioner within 6(six) weeks from today
after posting a substitute teacher in that
school.
In terms of the above, this writ
petition stands allowed.
There shall be no order as to
costs.

JUDGE

Sujata Debbarma v. State of Tripura and Ors.

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Sujata Debbarma v. State of Tripura and Ors.

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