Ramdas Banerjee vs State

Arun Kumar Dutta, J.—The writ Petitioner is represented by his learned Advocate. There is none to represent any of the Respondents even though the Rule has been duly served upon all of them. It is a matter of 1979, and cannot be allowed to be dragged on for an indefinite period at the whims of any of the parties. No affidavit-in-opposition either appears to have been filed by any of the Respondents against the writ petition filed by the writ Petitioner. That being so, the allegations made in, the writ application remain unchallenged and uncontroversial.

By this writ application under Article 226 of the Constitution of India, the writ Petitioner Ramdas Banerjee has prayed the Court for issue of a writ of Mandamus or in the nature thereof commanding the Respondents concerned not to give effect to the impugned transfer order dated March 27, 1979, being annexure ''F'' to the writ application, along with other relief�s, prayed for therein, for the reasons stated and on the grounds made out therein.

It is contended by the writ Petitioner (hereinafter referred to as the Petitioner) that he got his appointment as Typist-Clerk attached to Patrasayer Development Block (Bankura) in the department of Agriculture and Community Development (CD.) West Bengal in the year 1961. He had joined his service in terms of the said appointment on April 3, 1961. He was thereafter appointed to the post of Typist-Clerk in Saltora D.V. Block in the District of Bankura on probation for 2-years with effect from January 1, 1964 by the B.D.O. Saltora (Bankura) by his order dated January 9, 1964. On satisfactory completion of his probationary period, he was thereupon appointed substantively to the post of Typist-Clerk at Saltora D.V. Block in the concerned department with effect from January 1, 1966 by an order passed by the B.D.O. Saltora (Bankura), as will appear from Annexure ''K'' to the supplementary affidavit. The B.D.O. Patrasayer (Bankura) had also allowed him to cross efficiency bar by his order dated April 19, 1975.

The service of Typist-Clerks in the Development Blocks under the control of Community Development Branch of the Department of Panchayat and Community Development of Government of West Bengal had subsequently been placed at the disposal of respective Pan-chat Samitis on the terms and conditions referred to in the relevant Government Circular No. 3698-CDP dated March 19, 1979, being annexure ''E'' to the writ application. It would further clearly appear from the Annexure ''F'' to the writ application that the Block Development Office is redesigned as the Office of the Panchayat Samiti in terms of a Government Circular dated April 6, 1979.

From the annexures attached to the writ application there is nothing to indicate that the District Magistrates had any administrative control over the employees posted in the different Blocks under the aforesaid department. It would also appear from the Annexure ''C to the Writ Application that a guideline had been issued by the Government under a Circular dated August 22, 1969 that the Clerical Staff of the Blocks should henceforth be transferred only on administrative grounds and/or in cases mutually agreed upon between the two incumbents. It was further clearly indicated therein that as a general rule such low-paid Clerical Staff should not generally be transferred merely on the ground of their prolonged stay at a particular Block. The aforesaid Circular, as it is, makes clear that the transfer of low-paid Clerical Staff of a Block should not generally be transferred. Even so, the District Magistrate, Bankura, by his impugned order dated March 27, 1979, appears to have transferred as many as 12 Typist-cum-Clerks from one place to another in terms thereof, simply indicating therein that the transfers are made in the interest of Public Service, in gross violation of the guidelines issued under the aforesaid Government Circular No. 6328 (15)-CDP/ST-16/69 dated August 22, 1969. The said order of transfer by the District Magistrate, Bankura could not clearly be sustained on that ground.

That apart, it clearly appears from the Annexure ''E'' to the writ application, being Government Circular No. 3698-CDP dated March 19, 1979, that the services of certain employees, including Typist-Clerks of the Blocks under the control of Community Development Branch of the department of Panchayats and Community Development of the Government of West Bengal had been placed at the disposal of the Panchayat Samitis on the terms and condition laid down therein, clearly indicating that the employees mentioned therein are under the control of the Community Development Branch of the Department of Panchayats and Community Development of the Government of West Bengal and not under the control of the District Magistrates of the districts. That being so the District Magistrate, Bankura, on the face of the materials on record, which remain uncontroversial and unchallenged, dearly, appears to be thoroughly incompetent to pass the impugned transfer order dated March 27, 1979 transferring the writ Petitioner Ramdas Banerjee from Patrasyer Block to Raipur-ll Block, the way he did. The impugned transfer order could not be given effect to as such. But since the writ Petitioner does not appear to have rendered any service by reporting to his duties in terms of the relevant transfer order in the absence of any interim order passed by the Court staying the operation of the same, he would not be entitled to any Pay and allowances etc. for the period of his absence. But he would be entitled to the other service benefits to which he would otherwise have been entitled to for his absence, in the aforesaid circumstances.

In the aforesaid facts and circumstances, I dispose of the writ application by directing the Respondents herein not to give effect to the impugned transfer order dated March 27, 1979, being Annexure ''F'' to the writ application, so far as the same relates to the writ Petitioner, and by allowing the writ Petitioner to join his duties and directing the Respondents concerned to allow him to join his duties, without prejudice to the rights and contentions of the parties, if he (writ Petitioner) has not attained the age of superannuation as yet. it is made clear that the writ Petitioner shall not be entitled to any arrears of Pay and allowances etc. for the period of his absence but he would entitled to the other service benefits for the period of his absence to which he would otherwise have been entitled, as indicated above. The writ Petitioner shall be entitled to receive Pay and allowances, as may be admissible to him in the light of the discussions hereinabove made.

The writ application is accordingly disposed of without any order as to costs.

Should any application for certified copy of the order be made by the Petitioner, the department concerned is directed to supply the same, as early as possible.