Amrita Sarkar vs The State Of West Bengal & Ors
2024 Latest Caselaw 3982 Cal

Calcutta High Court (Appellete Side)

Amrita Sarkar vs The State Of West Bengal & Ors on 6 August, 2024

Author: Joymalya Bagchi

Bench: Joymalya Bagchi

Sl. No. 18




                IN THE HIGH COURT AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                           APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
                And
The Hon'ble Justice Gaurang Kanth


                           M.A.T. 1232 of 2024
                             (CAN 1 of 2024)

                              Amrita Sarkar
                                   -Vs-
                      The State of West Bengal & Ors.


For the Appellant      :     Mr. Soumya Ray, Adv.
                             Mr. Aditya Sen, Adv.
                             Ms. Anwesha Saha, Adv.
                             Mr. Pramit Panda, Adv.
                             Ms. Priya Ghoshal, Adv.


For the State          :     Mr. Lalit Mohan Mahata, ld. A.G.P.
                             Mr. Prasanta Behari Mahata, Adv.


Heard on               :     25.07.2024 & 06.08.2024



Judgment on            :     06.08.2024


Joymalya Bagchi, J. :-

1.     By order dated 13.06.2024 the respondent no.2 i.e. District

Magistrate, Malda was directed to consider the representation of the

appellant for transfer to a convenient place and pass a reasoned order

thereon. Pursuant to the said order, decision has already been taken and

appellant has been posted at Ratua-II Panchayat Samity which is at a

distance of 22 kms. from her residence.

2. Learned Advocate for the appellant contends a number of

incumbents are occupying similar posts in various Panchayat Samities

for more than three years which are nearer to his client's residence.

Hence, her prayer be reconsidered and she may be accommodated in any

of these posts.

3. Transfer is an incidence of service. Taking into consideration the

health and other difficulties of the appellant, the Hon'ble Single Judge

took a sympathetic view in the matter and directed respondent no.2 to

consider the representation of the appellant for transfer to a place nearer

to her residence. In the light of the said order, appellant has been posted

at Ratua-II Panchayat Samity which is 22 kms. away from her residence.

It is not open to an employee to choose her place of posting.

4. Learned Advocate for the appellant argues other employees are

occupying their posts for more than three years though they are required

to be transferred after three years. It is open to the employer to consider

the issue of transfer of other employees as per transfer policy. However,

this does not give a vested right to the appellant to seek transfer and

appointment in those posts.

5. For these reasons, we do not find any merit in the appeal and the

same is accordingly, dismissed.

6. In view of dismissal of the appeal, connected application being

CAN 1 of 2024 is also disposed of.

7. There shall be no order as to costs.

8. Photostat certified copy of this judgment, if applied for, be given to

the parties on compliance of all formalities.

I agree.

(Gaurang Kanth, J.)                               (Joymalya Bagchi, J.)




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