PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of an employee (non-teaching staff) of Charuchandra College and is filed for writs and/or in the nature of mandamus commanding the respondents, their officers, subordinates and agents to forthwith cancel or withdraw and/or set aside the purported notice of transfer dated January 19, 2013.
(2.) THE short fact necessary for the purpose of this case is that the petitioner was appointed to the post of Typist-Cum-Clerk of Charuchandra College, Kolkata against substantive post w.e.f December 1, 1986. She has been discharging her duties in such capacity and her pay was revised in accordance with the rules permissible. She was confirmed in the said post. Subsequently, by the impugned notice dated January 19, 2013 the Principal, Charuchandra College transferred her from day section to morning section without giving any opportunity of hearing. Being aggrieved this application has been filed praying for the reliefs already stated. Having heard the learned advocates of both the sides and on perusal of the materials on record, I find that by the letter dated November 28/29, 1986 the petitioner was appointed to the post of Typist-Cum-Clerk in the Charuchandra College subject to the approval of the Government Body and the Government of West Bengal. According to her letter of appointment, the present working hours of the college is from 10-30 a.m. to 5-15 p.m. on week days and from 10-30 a.m. to 2-00 p.m. on Saturdays. The petitioner has been working in such capacity and there is no adverse report against her. On the contrary, by a certificate dated May 4, 2012 the then Principal of the said college certified that the petitioner was discharging her duties sincerely. Thereafter, the impugned order was passed by the present Principal, shifting her from day section to morning section.
(3.) THE contention of the petitioner is that she has been in continuous service in day section of the college since the date of appointment. At the initial stage she was unmarried and after marriage she has been attending the college from her residence at P-39, Jublee Park, Brahamapur, Buttla, Kolkata 700096. There is no sufficient communication in the morning hours near her residential house and so, it is difficult for her to reach college before 6-15 a.m. in the morning shift. Mr. Mukteswar Maity, appearing for the petitioner has contended that the petitioner was never posted in the morning shift from the date of appointment and she has been doing her job all along in the day shift and after the marriage it is not possible for her to attend the morning shift of the said college. Mr. Maity has also contended that the transfer of the writ petitioner has not been approved by the Governing Body of the college, but the same was issued by the Principal of the college and as such, such transfer is illegal.;