Ray, J. - (1.) Heard the learned Advocates appearing for the parties.
(2.) Assailing the order dated 5th May, 2008 passed in O.A. No. 1871 of 2006 by the West Bengal Administrative Tribunal, this application has been filed.
(3.) The impugned order reads such. "Case No. O.A. 1871 of 2006 Subir Bose -Vs.- The State of West Bengal & Others 05/05/2008 For the applicant: Mr. Masud Karim, Ld. Advocate. For the respondents : Mr. S.Mustafi, Ld. Advocate. Parties are present through their learned Advocates. One fresh Vakalatnama is being filed on behalf of the petitioner. Let it be kept with the record. Rejoinder is also being filed today. Let those also be kept with the record. Copy served. As suggested by the parties, the matter is being taken up (or consideration by us. Heard the parties at length. Perused also the materials available on record. By this application, petitioner before us has challenged the reasoned order, and has prayed for quashing and/or setting aside of the impugned reasoned order dated 27-03-2006, passed by the concerned authority in terms of the direction of this Tribunal. From the materials available on record, it appears to us that petitioner, challenging his order 6t transfer, whereby he was transferred to I.T.I., Alipurduar from I.T.I. Howrah Homes, approached this Tribunal through one O.A. application (being O.A. No. 606 of 2005), whereupon this Tribunal in disposing of the aforesaid application by its order dated 08-07-2005, directed the concerned authority, specially, respondent No. 2 of the aforesaid application to treat the application of the petitioner together with all its annexures as a representation and to dispose it of within a specified time, and to communicate the same thereafter. Consequent upon that, one reasoned order has been passed by the concerned authority, wherein it was reflected that no injustice or discrimination was done against the present petitioner in issuing the aforesaid transfer order dated 09-06-2004. Being aggrieved by and dissatisfied with the aforesaid reasoned order, the petitioner again approached this Tribunal through this application. Now, coming to the merit of the application itself, and upon scrutiny of the materials available on record, it appears to us that after issuance of the transfer order way back in 09-06-2004, the petitioner did not join the transferred post, and after submission of his representation to reconsider his transfer order, the concerned respondent authority made a request him to carry out the transfer order, and to join the post of L.D.C. at I.T.I. Alipurdhar forthwith, and after that, prayer for transfer of the petitioner shall be considered by them in due time. Even after such request was made, nothing was done by the present petitioner, and consequently, no other favourable order was passed in favour of the petitioner transferring him elsewhere, nor any other order was made by them by modifying the transfer order, issued against the present petitioner, transferring him to I.T.I., Alipurduar. It is quite settled position of law that when reasoned order is being challenged before a Court or Tribunal, certainly in appropriate cases, Court or Tribunal could interfere. But, this cannot be claimed as a matter of right by anyone, and to have such relief, one has to place before a Court or Tribunal adequate materials for persuading the Court or Tribunal to interfere with such reasoned order showing materials that "there has been illegality/infirmities in passing the reasoned order. But in the case at hand, nothing of the kind has been shown before this Tribunal so as to hold that there has been any illegality/infirmities in passing the aforesaid reasoned order. So, that being the position, normally we find no reason, whatsoever, to interfere with the reasoned order passed by the concerned department. But, in disposing of the present matter, taking cue from submissions made on behalf of the State Respondents that the concerned authority had taken a decision that they may consider the case of the present petitioner to transfer him to some other place in due time, provided the petitioner at the first instance is willing to carry out the order of transfer or in other words, he joins the present post to Alipurduar, we pass this direction for disposing of this application. The present petitioner is directed to join the transferred post at L.T.I., Alipurduar within a period of 06 (six) weeks hence. He shall submit a representation to the concerned authority stating ail his grievances within next 04(four) weeks. And in the event of filing such representa- tion by the petitioner, as indicated above, the concerned authority shall take into consideration the aforesaid representation, and dispose it of in accordance with law, as soon as possible, preferably within a period of next 04(four) months, and if possible, they shall pass any other appropriate transfer order in favour of the present petitioner within the aforesaid period. Petitioner is also directed to file formal application after his joining to the transferred post at Alipurduar for regularising his service, and in the event of filing such application by the petitioner, the concerned authority shall take steps to regularise the service of the present petitioner in accordance with law, as soon as possible. With this, we dispose of this application. Plain copy. Sd : S.S.Ahuja Sd/- P.K. Biswas MEMBER(A) Chairman";