BIMAN KANTI SAHA Vs. TRIPURA SMALL INDUSTRIES CORPORATION LTD.

JUDGEMENT

(1.) Petitioner has challenged an order of transfer dated 17.08.2020 by which he is transferred and posted at newly set up electronics weigh bridge Srimantapur L.C. Station, Sonamura.

(2.) Briefly stated the facts are that the petitioner is serving as a Lower Division Accountant in Tripura Small Industries Corporation Limited (TSICL) since 1992. He is now transferred from the present place of posting at Agartala to Sonamura. This transfer he has challenged on three grounds namely, that being an office bearer of a recognized association he enjoys a degree of protection against transfer, that he is due to retire on 30.09.2021 and that his wife is also a Government servant posted at Agartala.

(3.) Appearing for the petitioner, learned counsel, Mr. P. Roy Barman submitted that Government of Tripura has formulated a policy under a Memorandum dated 28.02.1994 under which protection is granted to the office bearers of recognized employees' associations against arbitrary transfers. The petitioner being an office bearer of one such registered association, his transfer could not have been affected without the approval of the concerned Minister, which is one of the requirements of the said policy. In this respect, he relied on the decisions of the learned Single Judges of this Court in case of Tapan Majumder v. State of Tripura and another, decided on 28.04.2011 in W.P. (C) No.133 of 2010 and in case of Sri Saral Mohan Tripura v. The State of Tripura and others, decided on 03.10.2019 in W.P. (C) No.728 of 2019.