The present interlocutory application is taken up for hearing and disposal.

Heard Learned Senior Counsel, Mr. Purusuttam Roy Barman assisted by Learned Counsel, Mr. Koomar Chakraborty appearing on behalf of the applicants. Also heard Learned Addl. GA, Mr. Mangal Debbarma appearing on behalf of the respondents-State.

The present interlocutory application is filed by the applicants for staying the operation of the impugned transfer memo dated 15.01.2026 issued against the applicants, which was signed on 13.01.2026 by the authority (Annexure-7 to the writ petition).

Learned Senior Counsel for the applicants drawn the attention of this Court that the applicant No.1, Sri Kanu Nama is suffering from 100% disability (blindness) and the applicant No.2, Sri Anuj Kumar Datta is suffering from 80% disability. They both comes under the category of persons with disability in pursuance of the Rights of Persons with Disabilities Act, 2016 (for short, RPwD Act). It is submitted that both the applicants are/were posted in the post of LDC at the Birchandra State Central Library, Agartala on and from the date of their joining i.e. since 2017 and 2016 respectively. Later on, the applicant No.1 was promoted to the post of UDC. Learned Senior Counsel further submitted that in pursuance of the guidelines of the concerned Act, the present applicants time and again submitted representations to the Department to provide the facilities as required under the RPwD Act. However, no action was taken by the Department. Being aggrieved, the present applicants were compelled to file one writ petition before this Court which was numbered as WP(C) No. 572 of 2025. A co-ordinate Bench of this Court by order dated 31.10.2025 considered the said petition and directed the respondents to consider the representations of the present applicants dated 30.06.2025 and 01.07.2025. However, in spite of forwarding the said order of this Court to the authority of the applicants and also the present authority wherein the present applicants are posted, no action was taken, rather, by memo dated 15.01.2026, the present applicants have been transferred and posted to the Office of Director of Social Welfare & Social Education, Abhoynagar, Agartala. According to Learned Senior Counsel, it has caused severe hardships to the applicants as from their residential address it is difficult on the part of the applicants to join their duties in the respective office at Abhoynagar. Furthermore, according to Learned Senior Counsel, the transfer memo is against the transfer policy of the State Government dated 11.10.2022 (Annexure-8 to the writ petition), wherein in para No.3 it is mentioned as under:

               “3. Request from the State Government Employees with disability for transfer to or near their native places may also be given preference. Thus choice posting may be given to employees with Benchmark Disability as mentioned at Para-1 above to the extent feasible.”

Further, in para No.5(b) of the said transfer policy mentioned as under:

               “5.b) The posting/transfer of the govt. employees with disabilities is to be exempted from routine posting/transfer list and separate posting/transfer order is to be made for persons with disabilities.”

Referring the same, Learned Senior Counsel submitted that at the time of transferring the present applicants, the said policy of the government has not been considered. Rather, it appears to this Court that to harass the applicants in respect of the outcome of the previous writ petition, the applicants have been transferred arbitrarily. As such, the present applicants were compelled to seek redress before this Court challenging the said order of transfer and urged before this Court to grant interim relief till disposal of the connected writ petition.

Learned Addl. GA for the respondents-State submitted that in the public interest and considering the convenience of the applicants, they have been transferred to the place of posting near their home address. So, it cannot be interfered with at this stage. It was further submitted by Learned Addl. GA that it is not the case of the applicants that they have been transferred from one station to another to invoke the jurisdiction of Article 226 of Constitution of India. As such, this interim application is liable to be dismissed henceforth.

In reply, Learned Senior Counsel for the applicants submitted that although the address is written as Bhati Abhoynagar and Radhanagar but in practice, to reach the office, the applicants No.1 is to change the vehicle three times and the applicant No.2 without the support of any person cannot move to the concerned office. Thus, according to Learned Senior Counsel, by the transfer order the applicants have been severely prejudiced.

I have heard both the sides at length and perused the documents annexed with the writ petition.

Considered.

At the time of hearing, Learned Addl. GA could not submit anything regarding compliance of the order dated 31.10.2025 passed by a co-ordinate bench of this Court in WP(C) No.572 of 2025. On perusal of the said order it appears that by the said order a direction was given to the respondents to take conscious decision within a period of 2(two) months from the date of receipt of the copy of the order, which was duly communicated to the Department by the present applicants.

However, at this stage no such documentary evidence could be produced by the respondents before this Court to substantiate that the Department has taken any decision in this regard or not. Further, Learned Addl. GA urged before this Court to take instructions in this regard from the Department.

However, prima facie, it appears to this Court that without compliance of the said order dated 31.10.2025, all on a sudden on 15.01.2026, the respondent authority has issued the transfer memo against the applicants, wherein nothing has been mentioned regarding the compliance of the memorandum dated 11.10.2022 issued by the department, save and except the term “PwD”, which shows that the order of transfer was not in public interest and bona fide. Rather, it appears to this Court that the said transfer order has been issued in violation of the order of this Court to harass the applicants.

So, considering the submissions of both the sides, it is made clear that till disposal of the connected writ petition no coercive action shall be taken against the applicants by the respondents in pursuance of memo dated 15.01.2026 (Annexure-7 to the writ petition).

The present interlocutory application accordingly, stands disposed of.

Supply a copy of this order to Learned Senior Counsel for the applicants in course of the day for information and compliance. Also a copy of this order be supplied to Learned Addl. GA for information to the authority.