Narayan Chowdhury vs State of Tripura and Others

W.A. Shishak, J.—Heard Mr. C.S. Sinha, learned Counsel for the Petitioner. Also heard Mr. U.B. Saha, learned Government Advocate for the State Respondents.

While serving as senior forest ranger at Agartala, an order of transfer was issued on 23.2.99 transferring the Petitioner from Agartala (his home town) to the office of the DFO, Gomti. The said order of transfer was challenged in writ petition No. 102/99 on the grounds, interalia, that the Petitioner is now on the eve of retirement and that he would retire in December, 2000 and that because of his physical ailments it would be extremely inconvenient for him to stay at Gomti as he has to receive treatment where medical facilities are available. The Petitioner filed a representation on 3.3.99 highlighting all the difficulties faced by him. The said writ petition was disposed of by this Court on 11.3.99. It was stated that the Petitioner had about one year ten months to go before retirement. It was also reflected in the said order as regards instruction of the Government that during the last part of the service career a Government servant should normally be in his home station. It was also reflected in the said order as regards the petition''s various ailments.

Taking into consideration all the circumstances placed before this Court and after hearing the counsel of the parties, this Court directed that the representation filed by the Petitioner on 3.3.99 to reconsider his transfer order be disposed of in accordance with the Government instructions and to pass appropriate orders within 15 days from the date of receipt of the representation.

On 3.5.99. The Petitioner was informed as follows:

Representation of Shri Narayan Chowdhury, SFR against notification No. F.2(178)/For/Estt-96/FR/36093 37004 dated 23.02.99 received careful consideration of the Government in Forest department.

In view of the fact that since 1.8.83 he has been serving in and around Agartala, his transfer as ordered is appropriate.

With the understanding that within 1(one) year prior to his retirement he would be brought back to Agartala, his home town, he may proceed to his place of posting now as ordered in the interest of public service.

Mr. U.B. Saha, learned Government Advocate submits that the decision of the Government is fair and reasonable and, therefore, this Court should not interfere with the above finding. It is also stated by Mr. Saha that in fact the writ Petitioner again made a representation on 7.5.99 which is still pending before the competent authority. It is further submitted on behalf of the Government that there is no further scope for the Petitioner to approach this Court again in respect of the same matter regarding his transfer.

Though Mr. Sinha submits that Petitioner''s representation dated 3.3.99 has not been disposed of in spite of direction by this Court to do so, in my view it will hardly make any difference since the matter concerning transfer of the writ petitioner has been disposed of by the Government. I am also not inclined to accept the submission of Mr. Saha that the Petitioner cannot again approach this Court in respect of the order of transfer. In my view, it is open to the Petitioner to approach this Court if aggrieved by the order passed by the Government after his representation was considered.

On careful perusal of the order of the Government dated 3.5.99, it appears to me that the petitioner will have to be brought back to Agartala after about 5/6 months stay at Gomti in terms of the Government order referred to above. The fact that the Petitioner is having various ailments was clearly reflected in the order passed by this Court on 11.3.99. It is also abundantly clear that there is a Government instruction that normally the Government servants will be allowed to stay at this home station on the eve of their retirement. Such instruction/policy is based on sound principles. The Petitioner is retiring towards the end of 2000 and he has to serve hardly one and a half years. In my view, no practical purpose will be served by asking the writ Petitioner to proceed to his place of posting at Gomti just for a period of 5/6 months.

On careful perusal of the facts and circumstances narrated in the petition and other documents filed before me and upon hearing Mr. C.S. Sinha, learned Counsel for the Petitioner and Mr. U.B. Saha, learned Government Advocate, I am of the opinion that it would be fair and reasonable that the Petitioner should be allowed to continue at his present place of posting till his retirement for the remaining period of about one year and six months.

In the result, this writ petition is allowed. The order of the transfer dated 23.2.99 and the order of disposal of representation dated 3.5.99 are set aside. Since the materials on record are sufficient for me to decide this matter today itself, I have rejected the prayer of Mr. U.B. Saha, learned Government Advocate to allow him time to file counter in the present petition as I am of the view that even on humanitian ground, the petition should be allowed in as much as the Petitioner is said to be suffering from various ailments.

This writ petition is accordingly disposed of.