Bibek Chaudhuri, J. - (1.) This writ petition dated 23rd July, 2018 is directed against the judgment and order dated 25th June, 2018 of dismissal of O.A No.988 of 2017 by the West Bengal Administrative Tribunal (hereinafter referred to "the Tribunal")
(2.) The petitioner was appointed as lecturer in humanities at B.P.C Institute of Technology, Krishnagar, Nadia under the Department of Technical Education and Training (Polytechnic Branch), Government of West Bengal on ad hoc basis. Subsequently, he was absorbed in the aforesaid post vide order dated 11th January, 2002 with effect from 1st January, 2002. In course of his employment as such, the petitioner was transferred to different polytechnic institutions. Elaborate narration of such transfer orders is not necessary for consideration of the instant writ petition. However on 18th July 2011, the State Government formulated a transfer policy for teaching and non-teaching staff of different Government Polytechnics by dividing the State of West Bengal into five zones, viz, Zone-"A" to Zone-"E". While working as such at Sri Ramkrishna Silpa Vidyapith, Suri which falls within Zone-"C", by an order dated 8th October, 2015 the petitioner was transferred to Jalpaiguri Polytechnic Institute at Zone-"E". Challenging the aforesaid order of transfer, the petitioner filed O.A No.1124 of 2015. It was disposed of by the Tribunal on 17th December, 2015, giving liberty to the petitioner to submit representation in connection with his transfer and directing the respondents to consider the said representation within a period of two months after giving the petitioner an opportunity of hearing. In compliance with the said order, the petitioner submitted his representation which was considered by the Principal Secretary, Government of West Bengal, Department of Technical Education Training and Skill Development. A reasoned order was passed on 3rd January, 2017 whereby the said representation stood rejected. Rejection of the said representation prompted the petitioner to file O.A No.988 of 2017, which was as noted above dismissed with cost of Rs.5,000/- .
(3.) Mr. Roy, learned senior advocate for the petitioner has assailed the impugned order dated 25th June, 2018 on the following grounds:- i ii 1. The order of transfer dated 8th October, 2015 was not in accordance with the policy of transfer of the teaching and non-teaching staff of different Government Polytechnics under the administrative control of the department of Technical Education and Training the Government of West Bengal. In order to substantiate his contention, learned advocate for the petitioner has drawn our attention to different provisions of the said policy. The relevant provisions of the said transfer policy are reproduced below:- "General Policy: i)........... ii)........... iii)........... iv) Normally orders of transfer especially for teaching staff should be issued in such a manner that it becomes effective at the beginning of each academic semester of the institutes. v) vi) In spite of all provisions contained in this policy, depending on exigencies and administrative convenience, Government may transfer anyone on any ground amongst the zones and amongst the polytechnics within a zone. 1. Policy in respect of Gr. "A" Officers (both teaching 7 non-teaching) A. Normally, the duration of service in different zones shall be 4 (four) years for teaching staff and 6 (six) years for non-teaching staff. Government, however, may exercise discretion to relax the above provision according to the merit of individual cases. B. Every Gr. "A" officer will have to serve at least once in zone "E" in his\her total service period. C. An officer who has less than 3 (three) years of service left will be favourably considered for transfer to his\her home district on the availability of vacancies, provided he\she had served in Zone "E" for at least 4 (four) years in his/her service career.";