M.Majumdar, J. - (1.) By this writ application the petitioner prays for a mandate upon, the respondents concerned to withdraw, cancel and/or rescind the order of her transfer issued by the District Inspector of Schools (SE) North 24-Pargqms-Annexure 'c' to the application from E.C. Block Primary School, Salt Lake, South Dum Dum Circle to Goalbati F.P. School, Sukantanagar and also for not allowing the respondent No. 5 to join as Head Teacher to EC. Block Primary School (for short the said school hereafter).
(2.) The facts of the case in brief are as follows : Since 1980 the petitioner has been discharging, her functions as Head Teacher of the said school and due to her utmost sincere service from' the very inception as Organiser Teacher the said school has earned reputation and produced a number of brilliant students. The petitioner being an Intermediate with Basic training degree was initially appointed on 'transfer from Sirampore Circle to act as Organising Teacher-in-charge of C.A. 'Block, Salt Lake, Calcutta which was later renamed as E.C. Block Primary School on usual terms and conditions, in accordance with the memo No. 65-X-Pdated January 11, 1980 issued by the West Bengal Education Directorate and her appointment as Organiser Teacher-in-charge of the said school was; approved by the Director of Primary School Education vide memo No. 3908 SC-P/7P.26P/75 dated November 29, 1980 with effect from December 1, 1980. The petitioner at her age of 49 years became seriously ill after her abdomen operation in 1985 so much so that she could not move on foot at a stretch. Besides, her husband also is suffering from ailment on account of his old age. Further, her only daughter is studying in M. Tech. at Science College. When the said school has and had earned good reputation and has been well placed some interested people of the locality with the intent of throwing her out of service or for harassing by way of transfer started to create troubles/ disturbance in many ways almost every day. On August 24, 1990 by memo No. 638/1/8HNI the petitioner was ordered to be transferred from the said school to Goalbati F.P. School, South Dum Dum Circle and in her place one Smt. Sikha De, respondent No. 5, herein, sought to be posted at the said school sought to be posted at the said school was very much desirous to be transferred. This respondent No. 5 has some backing of the high-ups and access to the corridor of power and thus, obtained an order of transfer to suit her convenience at the cost of the petitioner who will immensely suffer. The petitioner attends the said school from her residence which is very near her residence and as such her transfer to Goalbati Free Primary Morning School was passed with mlafide intention to satisfy the Minister concerned who was intimated such transfer of the petitioner by the District Inspector of Schools (SE) North 24-Parganas. Therefore, the petitioner contends that the said order is illegal and contrary to the concept of fairness or fairplay.
(3.) The affidavit-in-opposition was filed on behalf of the respondent Nos., 1 to 5 whereby all the allegations contained, in the writ petition are denied. Apart from denial, the stand taken by the respondents as would appear in the affidavit-in-question is presented below.;