Manipur High Court
Takhellambam Surjit Singh vs Babupara on 14 October, 2022
Digitally
JOHN signed by
JOHN TELEN
TELEN KOM
Date: Item No. 3
2022.10.14
KOM 16:50:12
+05'30' IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.856 of 2022
Takhellambam Surjit Singh, aged about 56 years old, S/o(late) T.
Rajmani Singh, a resident of Thoubal Wangmataba, PO & PS Thoubal,
Thoubal District, Manipur-795138
...Petitioner
- Versus -
The State of Manipur, represented by the Commissioner,
Education(S),Government of Manipur, Old Secretariat, South Block
Babupara, PO & PS Imphal, Imphal West District-795001 & Anr.
...Respondents
BEFORE
HON'BLE MR. JUSTICE MV MURALIDARAN
ORDER
14.10.2022
[1] Heard Mr. N. Jotendro, learned senior counsel for the
petitioner and perused the record.
[2] Mr. Y. Ashang, learned GA appearing on behalf of Mrs. CH.
Sundari, learned GA takes notice for the State respondent.
[3] The case of the petitioner is that he has filed present writ petition
seeking prayer as follows:
i) issue rule and call for records;
ii) issue a writ in the nature of certiorari or mandamus or any other
appropriate writ in the nature of certiorari or mandamus or any other
appropriate writ of the like nature for quashing and setting aside the
impugned transfer order dated 31.8.2022 issued by the Director of
Education (S), Manipur;
iii) in the interim, suspend / stay impugned transfer order
dated 31.8.2022 pending final disposal of the instant writ petition;
-OR
Direct the official respondents more particularly respondent No. 2 to
consider and dispose of the said representation
dated 19.9.2022 preferred by the petitioner pending final disposal of the
instant writ petition and till such consideration the impugned transfer
order dated 31.8.2022 may not be given effect to;
-AND
iv) pass any further order/orders, direction/directions which this Hon'ble
Court may deem fit and proper to secure the ends of justice.
[4] Mr. N. Jotendro, learned senior counsel for the petitioner
represented that the respondent authority has passed an order dated
31.08.2022 transferring the petitioner from Kangasenbi Primary School to
Phundrei H/S.
[5] On receipt of the said impugned transfer order dated
31.08.2022, the petitioner has given a representation dated 19.09.2022 to
the respondent Director(Education/S), Manipur narrating the reasons and
his suffering from illness of BP Stroke and taken treatment in the hospital
and other reasons, requesting the Director(Education/s) to cancel the
transfer order dated 31.08.2022 and retain him as the Headmaster,
Haokha Upper Primary School, Government of Manipur but the said
representation is still pending for consideration by the respondents.
Therefore, Mr. N. Jotendro, learned senior counsel appearing for the
petitioner represented that challenging the said impugned transfer order
dated 31.08.2022 issued by the Director(Education/S), Manipur, he has
filed the present writ petition.
[6] When the matter is taken up for hearing in the motion today,
Mr. N. Jotendro, learned senior counsel for the petitioner represented that
though the petitioner has prayed for larger prayer in the writ petition but it
is suffice if the respondents are directed to consider the petitioner's
representation dated 19.09.2022 and to pass appropriate speaking order
and till such time, the order of transfer dated 31.08.2022 may be kept in
abeyance, the writ petitioner will be satisfied.
[7] Mr. Y. Ashang, learned GA appearing on behalf of Mrs. CH.
Sundari, learned GA for the State respondents represented that though the
petitioner has filed the present writ petition seeking for quashing the
transfer order, he should proceed the case only and no interim prayer be
granted if this Hon'ble Court inclined to pass a direction directing the
respondents to consider the petitioner's representation dated 19.09.2022.
[8] On hearing both sides, it is clear that the Hon'ble Supreme
Court and this High Court in a cantena of judgments held that if the
employee is transferred, first he should made representation to the
authority requesting to cancel the transfer order and thereafter, only he/she
should approach Court. But in this case, after the impugned transfer order
dated 31.08.2022 was passed, the petitioner has given representation
dated 19.09.2022 requesting for cancellation of the transfer order dated
31.08.2022 which is still pending for consideration by the respondents
authority. After lapse of some breathing time, he has approached this Court
challenging the said impugned transfer order dated 31.08.2022. Therefore,
I am of the view that it is suffice to direct the respondents to consider the
said representation dated 19.09.2022 and to pass appropriate speaking
orders within a stipulated period of time till such time the transfer order
dated 31.08.2022 should be kept in abeyance.
[9] In the above circumstances,
(a) the writ petition is disposed of.
(b) the Director of Education(S), Government of
Manipur is directed to pass appropriate speaking orders
on the petitioner' representation dated 19.09.2022.
(c) the said exercise shall be done within a period of
8(eight) weeks from the date of receipt of a copy of this
order.
(d) Till such time, the respondents are hereby directed
not to give effect to the transfer order dated 31.08.2022
passed by the Director of Education(S), Manipur.
JUDGE
[ [ [ [ [
John kom
