High Court · 2012

The petitioner by the present petition has challenged the order dated 20th July, 2012 issued by the District Elementary Education Officer, Kamrup, Guwahati tran sferring him from 33 No. Kanikuchi Junior Basic School to Malibari Pathar Alopat ti LP School and posting the respondent No.6 in his place upon modification of t he earlier order of transfer dated 25th November, 2011 and pursuant to the subse quent order passed by the Deputy Commissioner on 16th July, 2012. The ground on which the said order put to challenge is that before passing the s aid order, the petitioner has not been heard. It has also been submitted by the learned counsel for the petitioner that the petitioner having regard to the ail ment to which he is suffering has also filed an application before the Deputy Co mmissioner, Kamrup on 2nd August, 2012 for giving him posting, which representat ion has also not been disposed of till date. Mr. Abedin, learned standing counsel, Education Department and Mr. Motleb, learn ed State counsel as well as Mr. Gogoi, learned counsel appearing for the respond ent No.6, on the other hand, have submitted that the Deputy Commissioner pursuan t to the order dated 21st December, 2011 passed in WP(C) No.6450/2011, which was filed by the present respondent No.6, reconsidered the earlier order of transfe r in the light of the office memorandum dated 25th August, 2011 issued for the p urpose of rationalization of teachers in the Lower Primary Schools and according ly since the writ petitioner was the junior most teacher in No.33 Kanikuchi Juni or Basic School, he was transferred to Malibari Pathar Alopatti School instead o f the respondent No.6 and accordingly, the order was passed by the Deputy Commis sioner on 16th February, 2012, which has been given effect to by the District El ementary Education officer by the impugned order dated 20th July, 2012. The lea rned standing counsel as well as the learned State counsel have submitted that i f the petitioner has already been approached the Deputy Commissioner for posting in any other school having regard to his ailment, the same shall be considered by the Deputy Commissioner in accordance with law. Admittedly during the process of rationalization, the petitioner, the respondent No.6 and another namely, Afzal Ali, who were the teachers of 33 No. Kanikuchi J unior Basic School were transferred to 240 No. Dhuhi Baraliapar LP School and Ma libari Pathar Alopatti LP School, respectively, vide order dated 25th November, 2011 passed by the District Elementary Education Officer, Kamrup. The said orde r was subsequently modified vide order dated 9th May, 2012 passed by the Distric t Elementary Education Officer transferring the petitioner from 33 No. Kanikuchi Junior Basic School to No.210 Ghorathal LP School instead of 240 No. Dhuhi Bara liapar LP School and transferring the respondent No.6 from Malibari Pathar Alopa tti LP School to his original school, namely 33 No. Kanikuchi Junior Basic Schoo l. The said order was cancelled by the District Elementary Education Officer on 28th May, 2012. The effect of the said order dated 28th May, 2012 passed by th e District Elementary Education Officer, Kamrup is the revival of the order of t ransfer dated 25th November, 2011 passed by the same authority transferring the petitioner from 33 No. Kanikuchi Junior Basic School to 240 No. Dhuhi Baraliapar LP School and the respondent No.6 from 33 No. Kanikuchi Junior Basick School to Malibari Pathar Alopatti LP School. The respondent No.6 thereafter, approached this Court in WP(C) No.6450/2011 chal lenging the order of transfer dated 25th November, 2011 on the ground that the s ame is contrary to the office memorandum dated 25th August, 2011, which requires transfer of the junior most teachers, if needed, under the rationalization poli cy. The said writ petition was disposed of vide order dated 21st December, 2011 allowing the petitioner to file a representation before the Deputy Commissioner and directing the said authority to consider the said representation in the lig ht of the said office memorandum. The Deputy Commissioner consequently reconsidered the transfer order dated 25th November, 2011 in the light of the office memorandum dated 25th August, 2011 and passed the order dated 16th July, 2012. The consequent order was passed by the District Elementary Education Officer transferring the respondent No.6 from Mal ibari Pathar Alopatti LP School, to which school he was transferred, to the orig inal school, namely 33 No. Kanikuchi Junior Basic School. By the said order dat ed 20th July, 2012, the writ petitioner has been transferred from 33No. Kanikuch i Junior Basic School, though it appears from the order dated 25th November, 201 1 that the petitioner was transferred from 33 No. Kanikuchi Junior Basic School to 240 No. Dhuhi Baraliapar LP School, which order has not been put to challenge by the writ petitioner and stands in so far he is concerned. This Court fails to understand how the District Elementary Education Officer, Kamrup can pass the order dated 20th July, 2012 transferring the petitioner from 33 No. Kanikuchi J unior Basic School to Malibari Pathar Alopatti LP School, as in so far as the pe titioner is concerned the order dated 25th November, 2011 stands. It is also not in dispute that the petitioner is the junior most teacher in 33 N o. Kanikuchi Junior Basic School and pursuant to the office memorandum dated 25t h August, 2011, in the process of rationalization, the junior most teacher is to be transferred out first, if needed. The respondent No.6 being senior to the w rit petitioner, no illegality can be found in giving the posting to the responde nt No.6 in 33 No. Kanikuchi Junior Basic School vis-à-vis the writ petitioner. Having regard to the aforesaid position and also that a representation stated to have been filed by the petitioner ventilating his grievances relating to his he alth condition, the present petition is disposed of directing the Deputy Commiss ioner as well as the District Elementary Education Officer, Kamrup at Guwahati t o consider the representation of the petitioner in the light of what has been di scussed above and pass necessary order. It is, however, made clear that the pos ting of the respondent No.6 in the said process shall not be disturbed. Such co nsideration shall be made and necessary order shall be passed within 15(fifteen) days from the date of receipt of the certified copy of the order passed today t o be produced by the petitioner before the said authorities. The writ petition is accordingly disposed of. No costs.