Nantu Nama v. The State of Tripura and 3 Others

ORDER

06.10.2023

This is a petition filed under Article 226 of the Constitution of India seeking the following reliefs:- "I. Issue rules upon the respondents to show cause as to why writ in the nature of Mandamus and directing of like nature shall not be issued whereby quashing and cancelling the Memo, dated,

14.06.2022, issued by the District Education Officer (I/C), District Education Office, so far temporary placement of the petitioner is concerned, II. Issue rules upon the respondents to show cause as to why writ in the nature of Mandamus and direction of like nature shall not be issued whereby directing the respondents to give suitable & convenient posting to the petitioner in terms of the Memorandum, dated 11.10.2022 ( infra) & the Rights of Persons with Disabilities Act, 2016. III. Issue rules upon the respondents to show cause as to why writ in the nature of Mandamus and direction of like nature shall not be issued whereby directing the respondents to bring back the petitioner to Kalma S.B School, Jolaibari, South Tripura. IV. Make the rules absolute. V. Call for records. VI. Pass any further order/ orders as this Hon'ble High Court considered fit and proper".

[2] Heard Ms. S. Debbarman, learned counsel appearing for the petitioner. Mr. M. Debbarma, learned Addl. GA appears on behalf of the State-respondents. [3]

It is seen from the record that the petitioner has approached this Court by way of filing the instant petition for setting aside the Memorandum dated 14.06.2022, issued by the District Education Officer, (I/C), District Education Office, Belonia, South Tripura in which the service of the petitioner was temporarily placed under the disposal of the Inspector of School at Kazirkhil High School, Hrishyamukh, South Tripura. Being aggrieved, the petitioner submitted several representations before the District Education Officer (I/C), District Education Office, South Tripura, Belonia and lastly, to the Director, Directorate of Elementary Education, Government of Tripura, Agartala but got no response. Further, it is pertinent to mention here that the petitioner is a visually impaired person having 60% temporary disability as is evident from the Disability Certificate, dated 08.04.2022 issued by the Medical Authority, South Tripura.

[4]

In view of such circumstances, without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the official respondents to consider the case of the petitioner in light of the representations submitted by the petitioner before the respondents, as expeditiously as possible, preferably on or before 30th November, 2023 in accordance with law and it would also be decided in light of the Government Transfer Policy dated 11th October, 2022 formulated for the persons having disability certificate.

[5]

With the above observation and direction, the present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed.

JUDGE

Paritosh SABYASACHI GHOSH Date: 2023.10.09 14:48:39 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No.634 of 2023 Sri Nantu Nama Petitioner(s) Versus The State of Tripura & 03 Ors. Respondent(s) For Petitioner(s) : Ms. S.Debbarman, Advocate For Respondent(s) : Mr.M. Debbarma, Addl. G.A HON'BLE MR. JUSTICE T. AMARNATH GOUD