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1998 Supreme(Gau) 118

D.BISWAS
Ramen Talukdar – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
R.L.Yadav, N.S.Deka, H.Das

This petition under Article.226 of the Constitution of India has been preferred by the petitioner assailing the order of transfer issued by the Inspector of Schools, Nalbari District Circle, Nalbari vide Memo No. EST-10/53/94/13588-96 dated 6.11.96. Shorn of details, the petitioner's case, in brief, is that he was appointed as Assistant Teacher in Samata High School and has been serving there since 27.3.89. He was upgraded to the post of Assistant Teacher in the graduate scale with effect from 31.3.93. Sometime in the month of February, 1996 he was served with an order of transfer to Bali High School in place of Shri Aswini Goswami who was transferred to Samata High School. The transfer order has been assailed as malafide on the ground that it was passed at the behest of Minister of Agriculture to oust him from the school for political reasons. Further the transfer has been challenged on the ground that his seniority will be affected adversely and it would mean a reduction in rank amounting to imposition of punishment. According to the petitioner, no public interest is involved in his transfer which is passed in violation of all the established procedure of law.

2. In the counter af











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