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AMRITA SINHA
Prasad Kumar Samanta – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
amrita Sinha, J. - The petitioner is a primary school teacher. He is aggrieved by the transfer order dated 4th February, 2019 issued in his favour by the Chairman, South 24-Parganas DPSC. The petitioner has been transferred from Kedarpur State Plan Free Primary School to Chhoto Banasam Nagar Free Primary School both under Patharpratima East Circle.
The petitioner filed representation before the Council praying for withdrawal of the order of transfer. The representation of the petitioner not being considered by the Council, he approached this Court by filing writ petition being WP No. 22328 (W) of 2019 which was disposed of by the Court on 14th January 2020 by directing the Council to consider the representation upon granting an opportunity of hearing to the petitioner and to pass a reasoned order in accordance with law.
In compliance of the direction passed by the Court the Chairman of the Council passed reasoned order on 16th March, 2020. The prayer of the petitioner for withdrawal of the order of transfer stood rejected.
The petitioner is aggrieved by the same and challenges the same in the present writ application.
The impugned order of the Chairman mentions that as the peti
The employer's discretion in transferring employees and the limited scope of judicial review in transfer matters.
The main legal point established in the judgment is that the power of transfer of teachers is specifically conferred upon the Council under the statute, and any transfer must be in accordance with th....
The main legal point established in the judgment is that the Chairman did not have the authority to issue the transfer order for the appellant, as per Rule 4 of the West Bengal Primary Education (Tra....
Point of law: As a disciplined employee, the petitioner has obeyed the said orders under protest and he has joined duties at the place of transfer though he is BLIND and though the impugned order is ....
The court emphasized the importance of pupil-teacher ratio and the obligation of the State to implement the provisions of the Right of Children to Free and Compulsory Education Act, 2009 in deciding ....
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.
Transfer being an incident of service, employees have no legal right to be posted forever at any one particular place, and courts cannot interfere with day-to-day transfer orders unless malafide exer....
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