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IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ
Chhandana Bhuin – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rajarshi Bharadwaj, J.
1. In the present writ petition, the petitioner, has approached this Hon’ble Court against the action of the respondent authority, namely the Chairperson of the Hooghly District Primary School Council being the respondent no.5 herein, challenging her transfer order and demotion from the post of Head Teacher to Assistant Primary Teacher.
2. The facts of the case in a nutshell are that the petitioner joined public service as an Assistant Primary Teacher of Sonipur Primary School under Hooghly District Primary School Council, pursuant to a Memorandum of appointment dated 28.04.1993 issued by the Chairman, Ad-hoc Committee. She duly joined the said school on 30.04.1993 and her service was formally approved by the competent authority. On 04.11.2004, the petitioner was appointed as the Head Teacher of Samantakhanda Primary School (KP-46) under Kamarpukur Circle, Hooghly. Since then, she has been discharging her duties sincerely and diligently, earning recognition in the form of three awards, two from the State Government (Nirmal Vidyalaya Puraskar and Sishu Mitra Puraskar) and one from the Central Government (Sachh Vidyalaya Puraskar).
3. Presently at the ag
The Chairperson of the District Primary School Council lacks authority to transfer a teacher in the absence of a constituted Council, violating statutory rules and principles of natural justice.
A transfer order lacking jurisdiction due to a non-functioning District Primary School Council is arbitrary and void, violating fundamental rights under Articles 14, 19(1)(g), and 21.
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....
The main legal point established in the judgment is that the Education Officer had no jurisdiction to set aside a routine and administrative transfer order issued by the petitioner under the MEPS Rul....
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 ....
The court held that the order of transfer was illegal and quashed it, directing the competent authority to take a decision afresh in strict compliance with the law. The court also directed the appell....
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 ....
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
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