2016 Supreme(Gau) 848
IN THE HIGH COURT OF GAUHATI (AIZAWL BENCH)
MICHAEL ZOTHANKHUMA, J.
ZOTHANSANGA - Appellant
Vs.
STATE OF MIZORAM - Respondent
W.P.(C) No. 113 of 2015
Decided On : 25-10-2016
For the Appellant :Sh. Zothansanga, S/o K. Lalparmawii, R/o Kanan Veng, Aizawl, C. Lalramzauva, Senior Advocate, A.R. Malhotra, B. Lalthlamuana and Mrs. K. Lalramnghaki, Advocates.
For the Respondents: Ms. Melody L. Pachuau, Government.
Headnote:
Institution – Employee – Interest - Petitioners counsel submits that petitioner by way of impugned Notification being transferred to which is not admissible as per guidelines laid down by Ministry of Agriculture Government of India and as per Memorandum of Association Rules and Regulations Mamet – Held, A perusal of transfer order shows that there has been a whole scale transfer of Accountant-cum-clerks - There is also no allegation of mala fide made out by petitioner - Petitioner has also not taken stand that transfer is not in public interest or for administrative exigencies - Apex Court has held that unless transfer involves any adverse impact or visits a person concerned with penal consequences same should not be subjected to same type of scrutiny and assessment as in case – Petition dismissed
Michael Zothankhuma, J.
Heard Mr. C. Lalramzauva, senior counsel assisted by Ms. Emily L. Chhangte, counsel for the petitioner. Also heard Ms. Melody L. Pachuau, Government Advocate for all the respondents.
2. The petitioner by way of this writ petition has made a challenge to his transfer, by way of the Notification dated 20.7.2015, issued by the Chairman, Inter Departmental Working Group (Atma), herein after referred to as IDWG. The petitioner by way of the impugned Notification dated 20.7.2015 has been transferred from Mameti, Aizawl to Atma, Lawngtlai. The petitioners' counsel submits that in pursuance to an employment notice dated 4.5.2011, calling for filing up the vacant posts of Accountant-cum-clerk in Mameti (State Headquarters) and in the 8 Atmas, in the 8 Districts of Mizoram, the petitioner applied for the post of Accountant-cum-clerk in Mameti (State Headquarters). The petitioner's counsel submits that the petitioner was thereafter appointed against the vacant post of Accountant-cum-clerk in Mameti (State Headquarters), Aizawl while others were appointed as Accountant-cum-clerk in the other 8 Atmas.
3. The petitioners' counsel submits that the petitioner by way of the impugned Notification dated 20.7.2015 is being transferred to Atma, Lawngtlai, which is not admissible as per the guidelines laid down by the Ministry of Agriculture, Government of India and as per the Memorandum of Association, Rules and Regulations, Mameti.
4. The petitioners' counsel submits that the Ministry of Agriculture, Government of India had made a Centrally Sponsored Scheme in support to State Extension Programmes for Extension Reforms (Atma) Scheme, 2010. As per the scheme, the skill levels of the farming community were to be improved. Sameti is the State Level Institution catering to the training and HRD needs of extension financial needs. Agriculture Technologies Management Agencies (Atma), on the other hand were responsible in Co-ordination and Management of the Agriculture extension related work in the District.
5. The Sameti and the Atma were all to be registered as societies separately. The Organization structure of the scheme was to the effect that Sameti and the Atma were all a part of the Centralized Sponsored Scheme but with Sameti being a State Institution and Atma being an Institution in the District Level. The petitioners' counsel submits that Atma has to be an autonomous institution as can be seen from the letter dated 14.3.2006 issued by the Joint Secretary to the Government of India, Ministry of Agriculture, Department of Agriculture and Corporation, wherein he has requested to the Secretary to the Government of Mizoram, Agriculture Department to take necessary action for registration of all Atmas at the earliest. The petitioners' counsel submits that the petitioner having been appointed to the vacant post of Accountant-cum-clerk in the Mameti, Aizawl, the petitioner could not be transferred to a District under Atma as the Chairman of the Idwg did not have the power to affect his transfer, as even the Executive Council of Mameti did not have the power to transfer the petitioner under the Mameti Memorandum of Association, Rules and Regulations. The petitioners' counsel also submits that even the Executive Council of Mameti cannot transfer the petitioner to Atma, in view of the fact that, the petitioner has been appointed as Accountant-cum-clerk in Mameti and not to a vacant post against Atma. The petitioners' counsel submits that Sameti in Mizoram is known as Mameti. He also submits that none of the Atmas in the Districts of Mizoram are registered till date. The petitioners' counsel also submits that the petitioner had earlier challenged the impugned transfer Notification vide W.P.(C) No. 106/2015 and the same was disposed of by this Court, with a direction to the petitioner to submit a representation with regard to his transfer dated 20.7.2015 before the Chairman, Idwg. This Court had also vide its Order dated 23.7.20