Pomee Sinha v. The State of Assam and 6 Ors

ORDER

17.02.2024 Heard Mr. B Purkayastha, learned counsel for the petitioner.

¶2This writ petition is filed by the petitioner being aggrieved by the order dated 21.10.2023 whereby the petitioner was transferred from No. 361 Nandigram LP School under Narsingpur Education Block to Satya Nagar LP School under Udharbond Education Block.

¶3The learned counsel for the petitioner submits that as per transfer policy brought in by the State Government by OM dated 23.06.2021, there are certain specified grounds for transfer. This OM is brought under the provision of the Page No.# 3/5 Assam Elementary and Secondary School Teachers (Regulation of Posting and Transfer) Act, 2020. The learned counsel for the petitioner submits that on the basis of this OM, she applied for online transfer on the ground that her spouse was in a different location and therefore she wanted transfer within the district of Cachar and Silchar Urban Block. However, ignoring her requests, the impugned order was passed and she is now posted in a very remote location and she is facing undue hardship in commuting from her residence to school and back as well as for the safety and security of female teacher like the petitioner.

¶4The learned counsel for the petitioner submits that all these grievances have been ventilated by the petitioner by filing a representation as far back as

26.12.2023. However, the said representation filed by the petitioner and two other persons have remained pending and no orders have been passed modifying the transfer order. Being aggrieved, she has approached this Court.

¶5Mr. P.N. Sharma, learned Standing Counsel, Elementary Education Department submits that he has no instructions as on date. He therefore prays for further time to complete his instructions.

¶6Having heard the learned counsel for the parties and upon due perusal of the pleadings of the writ petition along with the enclosures, it is seen that the transfer order was brought under the OM dated 23.06.2021. The grounds seeking transfer along with timeline for online application and process have all been prescribed in the said OM. The grounds on which transfer may be sought for are as under: "(a) For a change of residence due to marriage;

(b) For looking after elderly and ailing parents; Page No.# 4/5

(c) For safety and security of female Teachers;

(d) For treatment of the Teacher and/or their dependents;

(e) For the reasons as mentioned in Point 7 of the OM, based on Section 7 of the Act;

(f) For any other specific and justifiable ground."

¶7This OM also lays down the PTR norms to be maintained and the criteria for consideration of inter-district transfer and procedure thereof.

¶8The grievance of the writ petitioner is that she had applied for transfer at her own request in Silchar Block. However, the impugned order which was issued posted her to a very remote area without assigning any reasons as to why the petitioner's prayer for being placed in the Silchar Block was not considered. It is also seen that a representation has been filed by the petitioner along with two others which is stated to be have been pending before the Director, Elementary Education. The representation was filed on 26.12.2023.

¶9If that be so then the writ petition can be disposed of at this stage with a direction to the Director, Elementary Education to expeditiously dispose of the representation dated 26.12.2023 stated to be pending before the Director and pass a reasoned speaking order on the grievances raised by the writ petitioner in respect of her prayer seeking a transfer in the Silchar Block.

¶10The Director will dispose of this representation within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order and any order that is passed, copies thereof will be served on the writ petitioner.

¶11With the above observation, the writ petition stands disposed of. No order as to cost. Page No.# 5/5

¶12Till the representation is disposed of as directed above, the impugned order dated 21.10.2023 shall not be acted upon.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010025392024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/777/2024o POMEEoSINHAo W/O-oSUBHABRATAoSINHA,o ASSISTANToTEACHER,oNO-361,oNAGDIRGRAMoLPoSCHOOL,o VILL-oPAKAPAR,o P.O-oNAGDIRGRAMoPARToIII,oCACHAR,oASSAM,oPIN-788121 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o DEPARTMENToOFoSCHOOLo(ELEMENTARY)oEDUCATIONo,oDISPUR,o GUWAHATI-781006 2:THEoDIRECTOR o oOFoELEMENTARYoEDUCATION oGOVERNMENToOFoASSAMo oKAHILIPARA oGUWAHATI-781019 3:THEoDISTRICToCOMMISSIONER oCACHAR oSILCHAR oASSAM oPIN-788001 4:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oCACHAR oSILCHAR oASSAM oPIN-788003 Page No.# 2/5 5:THE DEPUTY INSPECTOR OF SCHOOLS DIOST-CACHAR SILCHAR ASSAM PIN-788001 6:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR EDUCATION BLOCK NUTAN BAZAR DIST-CACHAR ASSAM 7:THE BLOCK ELEMENTARY EDUCATION OFFICER UDHARBOND EDUCATION BLOCK UDHARBOND BAZAR DIST-CACHAR ASSA Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA