STAFF REPORTER
GUWAHATI: Speaking with regards to the ‘Sugam to Durgam’ policy announced by the Assam Government, the Sadou Asom Sanmilita Shikshak Mancha said that the teachers of the state need not worry regarding transfers as doing so without taking permission from the teachers will be a contempt of court.
The Sadou Asom Sanmilita Shikshak Mancha, an umbrella organisation of 10 teachers’ associations of the state, mentioned that there is no reason why teachers should be worried about the decision taken by the Assam Cabinet to transfer them to remote areas. The General Secretary of the organisation, Syed Anisur Rahman, mentioned that the Gauhati High Court gave a 61-page judgement in Jamaluddin Ahmed VS State Government, Case No. WA. No.131/2010 on the transfer of teachers.
According to the affidavit submitted by the State government, no teacher can be transferred directly by the Education department. The affidavit states that teachers are transferred only on a mutual basis or if interested teachers wish to be transferred against vacancies. The judgment also states that teachers transferred of their own will cannot go to the new school and claim seniority. The judgment said the transfer can only be made by applying for it. Therefore, there is no rule in the Education department to transfer teachers against their will. All the Employment Service Rules that have been enacted so far are the rules contained in the Employment Service Rules.
Hence, if the newly announced transfer policy is applied to teachers, it will be in contempt of the Gauhati High Court. It is worth mentioning that the Government of Assam has issued such a transfer policy under No. ASE 88/2019/98, The Draft School Education Bill, 2019 was published and a memorandum was submitted to the Education Department for amendment of the draft.
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