PATHERYA,J. - (1.) By this writ petition, the petitioner seeks to set aside the Memo. dated 6th January, 2012.
(2.) The case of the petitioner is that he was appointed as a Primary School Teacher in Haldia Circle and by an order dated 13th December, 2011, he was transferred to a Primary School in Mugberia Circle. The said Transfer Order would stand cancelled in case the Teacher did not join within fifteen working days. The petitioner has not joined the said transferred post and therefore, the said Transfer Order has stood cancelled. The Transfer Order issued by the respondent No. 3 is bad, as Rule 5 (v) of the Transfer of Primary Teacher's Rules, 2002 requires that the said Transfer Order to be signed by the Secretary of the concerned Council and it is the Sub-Inspector of Schools, who is to issue the Release Order. In the instant case, the Transfer Order has been issued by the respondent No. 3. Therefore, the said Transfer Order has been rendered bad and liable to be set aside.
(3.) Counsel for the respondent Nos. 3 and 4 submits that in view of the appeal provision provided under Rule 10 of the 2002 Rules, this application cannot be maintained. The respondent No. 4 is entitled to on its own motion under Rule 4 (a) of the said Rules to issue a Transfer Order. The procedure of transfer, as laid down in 2002 Rules, has been followed. Therefore, this writ petition calls for no interference.;