SRI ABHIJIT BISWAS v. THE STATE OF TRIPURA & ORS HON''BLE MR JUSTICE U B SAHA The instant

Legal Reasoning

Party Name : SRI ABHIJIT BISWAS Vs THE STATE OF TRIPURA & ORS HON''BLE MR JUSTICE U B SAHA The instant writ petition has been filed by the petitioner Shri Abhijit Biswas, a Junior Engineer, Grade-I, in the department of Fisheries under the Government of Tripura for a direction to the respondents to allow him to resume his duties in the office of the Deputy Director of Fisheries, College Tilla, West Tripura for handing over the charge to his counterpart and also to allow him TA and DA so that he can join in the place of his transfer at Udaipur in terms of the order of transfer dated 04-12-2012. Heard Mr. C.S. Sinha, learned counsel appearing on behalf of the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing on behalf of the State-respondents. As agreed to by the learned counsel for the parties and considering the nature of the prayer, the instant writ petition is taken up for final disposal at this motion stage itself. The pleaded case of the petitioner is that while he was on 3 days Casual Leave w.e.f. 05-1- -2012 to 07-12-2012, he had received one transfer order dated 04-12-2012 whereby and whereunder he was transferred from the office of the Deputy Director of Fisheries, College Tilla, West Tripura, Agartala to the office of the Deputy Director of Fisheries, Gumti District, Udaipur. On completion of his Casual Leave on 10-12-2012 again he made a prayer for 27 days commuted leave w.e.f. 05-12-2012 to 31-12-2012, in cancellation of his 3 days casual leave as was applied earlier. After availing the 27 days commuted leave, he again applied for extension of his commuted leave for 19 days w.e.f. 01-01-2013 to 19-01-2013. After availing the commuted leave, he had resumed his duties on 21-01-2013 and while he was preparing papers for handing over his charge to Shri Kalipada Bhowmik, Junior Engineer, as per instructions in the transfer order, on 28-01-2013, the Deputy Director of Fisheries, respondent no. 4, had returned his joining report as well as the application for advance pay and TA & DA on the ground that he had already been released by the Director of Fisheries w.e.f. 07-12-2012. Hence, the instant writ petition with the prayer, as stated supra. Ms. Sarma Lodh has submitted that she has received instructions from the department wherein it has been specifically stated that the day after issuing the transfer order dated 04-12-2012, a Casual Leave application dated 05-12-2012 was submitted by the petitioner only to flout the order of transfer. She has placed the instructions/para wise comments before this court so that the instant writ petition can be disposed of recording the contention made in the instructions. It appears from the said comments that the petitioner even after receipt of the transfer order submitted one after another application either for casual leave or for commuted leave, but fact remains that the competent authority did not sanction the leave. It is further stated that the transfer order dated 04-12-2012 was issued prior to the date of enforcement of Model Code of Conduct whereby the petitioner stood released w.e.f. 07-12-2012. Thus, his subsequent joining in the place from where he was transferred cannot be accepted by the authority. The respondents also stated that the petitioner could have complied with the transfer order by joining at his new place of posting and subsequently could have taken permission from the concerned authority showing valid reasons to allow him to hand over his charge afterwards. Mr. Sinha, learned counsel for the petitioner, while urging for the relief sought for would contend that when the petitioner is ready to join in his place of posting, the respondents should have allowed him some time for handing over the charge and also they should provide the advance pay and TA and DA which he is entitled. He further submits that the respondents should have also made the payment so far as his pay and allowances for the working period is concerned. Ms. Sarma Lodh while countering the submission of Mr. Sinha submits that the instant writ petition should be dismissed at the threshold on the ground that the petitioner failed to make out any prima facie case for interference and more so, the order of transfer is also not under challenge in the instant case. Even, there is no interim prayer, meaning thereby, the petitioner is liable to join in his place of posting. She further submits that the petitioner was communicated vide letter dated 22-02-2013 (Annexure-12 to the writ petition) wherein it is stated, inter alia, that as far as pay and allowances for the working days in December, 2012 and January, 2013, and advance pay, TA etc. are concerned, it may be mentioned here that in compliance with the Govt. order all the relevant papers including LPC & Service Book of Sri Biswas, JE were sent to his new place of posting where TA, pay, etc. of Sri Biswas, JE may be drawn and disbursed on his joining. Since Sri Biswas, JE Gr-I has already been transferred from O/o DDF(W), hence question for resumption of duties in O/o the Dy. Director of Fisheries(W), Agartala may not arise. She has finally contended that if the petitioner joins in his place of posting within 7 days, then the State-respondents will provide all his pay and allowances for the working period as well as advance pay in accordance with law within 15 days from the date of his joining, subject to the petitioner makes a fresh application. Mr. Sinha has also conceded to the submission of Ms. Sarma Lodh and assured this court that the petitioner will join in his place of posting within 7 days and he may be provided an opportunity to file appropriate application before the appropriate authority so that he can get the advance pay as well as pay and allowances which he is entitled to as per rules and also can file his leave application before the authority concerned. Considering the entire facts and circumstances, following order is passed as agreed to by the learned counsel for the parties :- The petitioner shall join in his place of posting within 7 days from today and he is at liberty to file appropriate application before the appropriate authority and the respondents shall make payment of all his pay and allowances for the working days and the advance pay, TA & DA etc. according to his entitlement within a period of 15 days and he may be allowed to hand over the charge to the officer concerned as mentioned in the transfer order after his joining in the new place of posting. With the aforesaid order, the instant writ petition is disposed of. Download Date: 8-05-2017 16:05 1/1