Judgment · High Court

The petitioner is aggrieved by order dated 10.12.2010 (Annexure-H) by which he h as been transferred from Guwahati to Biswanath Charilali. On the face of it, the impugned order is a routine transfer involving as many as 51 officers. The grou nd on which the petitioner has assailed the said order is that as per the office memorandum dated 12.11.2009, an officer may not be transferred to another place before completion of three years of tenure. Another ground urged is that the pe titioner’s brother being sick (mental illness), the presence of the petitioner b y his side is required. Mr. D. Saikia, learned Standing counsel, Finance Department has obtained instruction as per which the petitioner is stationed in Guwahati for the last 1 2 years, i.e. from 1998. Although the petitioner has referred to his last transf er and posting vide Annexure-B order dated 03.01.09 so as to claim three years o f posting in Guwahati, but on perusal of the same it appears that by the said or der he was transferred from one division to another division within Guwahati. So far as the ground of illness of his brother, same cannot be a ground to stall t he transfer of a Govt. employee. In view of the above, no relief can be granted to the petitioner and acc ordingly it is dismissed.