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HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.51 of 2024
Sanjib Debnath
S/O Lt. Chan Mohan Debnath, R/O- Office Tilla, Khowai, P.O-Khowai
Court, District-Khowai Tripura, age-57 years.
….Petitioner(s)
Versus
1. The State of Tripura,
To be represented by the Secretary,
Department of Education (School), Govt. of Tripura,
New Secretariat Building, New Capital Complex, Agartala,
West Tripura, Pin-799010.
2. The Director of Elementary Education
Govt. of Tripura, Shikha Bhavan,
Office Lane, Agartala, West Tripura, Pin-799006.
3. The Inspector of Schools,
Khowai, Office Tilla, Khowai, Tripura, Govt. of Tripura.
4. The Inspector of Schools,
Champahawar, Tulashekhar Block, Khowai,
Office Tilla, Govt. of Tripura, Tripura.
pondent(s)
….Res
For Petitioner(s) : Mr. Samarjit Bhattacahrjee, Advocate
For respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A
HON’BLE MR. JUSTICE ARINDAM LODH
Order
31/01/2024
Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the
petitioner. Also heard Mr. Kohinoor N. Bhattacharyya, learned G.A.
appearing for the respondents-State.
The petitioner is differently abled person. The Standing Medical
Board, Government of Tripura has issued certificate certifying that the
petitioner is disabled (Orthopadically/Locomotor) to the extent of 40 per
cent.
Recently, by impugned Memo dated 08.11.2023 (Annexure-4 to the
writ petition), the petitioner had been transferred from Biplabi Suriya Sen V.
M JB School, Khowai to Udna SB (Pry.) School.
According to learned counsel for the petitioner, the place where the
petitioner has been transferred has no direct transportation facility and it is
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very difficult for the petitioner being differently abled to serve as Teacher in
the said place of posting.
The petitioner had submitted representation in line with the
Government policy dated 11.10.2022 (Annexure-7 to the writ petition)
wherein it is laid down that differently abled persons shall preferably posted
in their native places or at least in their native District/sub-division, but the
said representation has not been disposed of till today.
In the opinion of this Court, the petitioner is entitled to get the benefit
of the Memorandum dated 11.10.2022 issued by the Government of Tripura,
and concerned department-respondent is necessary to deal with the above
issue. It is also decided by the Government of Tripura that differently abled
persons should be exempted from routine transfer.
I have considered the submissions of learned counsel for the parties.
Having perused the memorandum dated 11.10.2022, I direct the
respondents to consider the prayer of the petitioner for posting into his
native place in line with the Memorandum dated 11.10.2022 within a period
of 3(three) weeks from today.
Till the disposal of the representation, the impugned order dated
08.11.2023 transferring the petitioner to Udna SB(Pry.) School shall be kept
in abeyance.
With the aforesaid observation and direction, the instant writ petition
stands disposed.
JUDGE
Rohit
SANJAY Digitally signed by
SANJAY GHOSH
GHOSH Date: 2024.02.03
16:55:14 +05'30'