Sri Manik Tripura vs The State Of Tripura & Others
2023 Latest Caselaw 304 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                              W.A. No.19/2023

Sri Manik Tripura
                                                          .........Appellant(s).
                                 VERSUS
The State of Tripura & others
                                                        .........Respondent(s).

For Appellant(s) : Mr. C.S. Sinha, Advocate. For Respondent(s) : Mr. Mangal Debbarma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE T. AMARNATH GOUD

Order 17/04/2023 (Aparesh Kumar Singh, C.J.)

This writ appeal has been preferred against the judgment dated

24.01.2023 by which the prayer of the petitioner seeking interference in his

order of transfer on grounds of medical reasons that he is suffering from

Tuberculosis has been declined by the learned Single Judge.

The appellant has joined the place of posting in the meantime.

The cause of action, therefore, does not survive.

Mr. C.S. Sinha, learned counsel for the appellant, however,

submits that since the disease with which the appellant is suffering is chronic

and the distance between the place of posting and his present residence is

also more than 30 Kms. which is difficult to commute, he may be allowed to

make a representation on health grounds before the competent authority of

the Education Department.

Mr. Mangal Debbarma, learned Addl. Government Advocate

appearing for the respondents-State, submits that since the cause of action

has become infructuous, nothing survives to be decided in this appeal.

Be that as it may, we are of the view that though no cause of

action survives in the present appeal, the appellant may have liberty to make

a fresh representation before the competent authority on medical grounds for

reconsideration.

Let it be made clear that we have made no comments on the

merits of the case.

Accordingly, the instant appeal is disposed of.

Pending application(s), if any, also stands disposed of.

(T. AMARNATH GOUD), J (APARESH KUMAR SINGH), CJ

Pulak