WP(C) 6199/2011 BEFORE THE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. C. Bhattacharjee, learned counsel for the petitioners. Also heard Mr. P N Goswami, learned standing counsel, Education Department. This writ petition is directed against the order dated 25.11.201 1 (Annexure-E to the writ petition) issued by the respondent No.3 transferring t he petitioners from their present place of posting to other schools. It is alleg ed that the transfer order has been made in violation of the pupil teacher ratio n adopted by the Govt. under Right to Children to Free and Compulsory Education Act, 2009. The specific grievance of the petitioners is that under the foresaid scheme, if the authorities concerned want to transfer any incumbent, they have t o take into account the seniority of the teachers inasmuch as the junior most te achers should be transferred first. According to petitioners they are senior to the private respondents who are serving in the concerned school. As claimed by t he petitioners they are yet to be released from their respective school in compl iance to the aforesaid impugned order. They have not yet been provided any oppor tunity to file representation against the aforesaid impugned order. Mr. P N Goswami, learned standing counsel Education Department o n the other hand submits that there is no violation of the provisions of the afo resaid scheme and as per decision of the Apex Court in S.C.Sexena -vs- Union of India, reported in (2006) 9 SCC 583, a Government servant can stay by not report ing at the place of posting and then to go to the court to ventilate his grievan ce.It is the law that the incumbent has to first report for work where he is tra nsferred and make a representation as what may be his personal problem. He also submits that if at all any interim order is to be made, it should be subject to joining of the petitioners to the place where they have been posted. The prayer for allowing them to retain them at their original place of posting would be sub ject to their joining at the earlier place. I have considered the aforesaid submissions made by the learned counsel for the parties. The petitioners have made a complaint that Pupil Teache r Ratio has been violated and thereby their interest have been affected. In my considered view, the petitioners should be given a chance to make representation before the appropriate authorities to ventilate their gri evance. Accordingly, this petition is disposed of with a direction to the petiti oners to file representation before the appropriate authority/ authorities for r eview of their impugned transfer order within seven days from today and on recei pt of such representation the authority concerned shall dispose of the same with in another 10(ten) days and the entire process should be completed within a peri od of three weeks from today. It is provided that the aforesaid representation t o be submitted by the petitioners shall be entertained only if they are still se rving at the original place of posting. Petitioners shall obtain certified copy of this order and furnish the same along with representation to be submitted bef ore the authority concerned annexing the copy of the writ petition along with al l its Annexures. The writ petition stands disposed of accordingly.