THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 5 ORS

Advocate for the Petitioner : MR. U DUTTA Advocate for the Respondent : SC, P AND R.D. B E F O R E HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR 30-11-2022 Heard Mr. U. Dutta, learned counsel for the petitioner. Also heard Ms. M. Bora, learned Standing Counsel, P & RD Department, appearing for Respondents No.1, 2, 3 and 5; and Mr. C.S. Hazarika, learned Junior Government Advocate, Assam appearing for Respondent No.4. The petitioner, on promotion to the post of Assistant Accounts Officer, Page No.# 3/4 was posted at South Karimganj Development Block, by order dated

28.05.2020. Thereafter, the petitioner is again transferred from South Karimganj Development Block and posted at Lumding Development Block under Hojai District, by order dated 5.11.2022, issued by the Commissioner, Panchayat and Rural Development, Assam/Respondent No.2. Being aggrieved with the order dated 5.11.2022, the petitioner is before this Court challenging the same on the ground that the said order has been issued in violation of the Office Memoranda dated 19.9.1992 and 22.5.2002 issued by the Department of Personnel : Personnel (B), Government of Assam. It is stated that the petitioner is yet to complete two years in his place of posting, however, he has been transferred by the order dated

5.11.2022. Under such circumstances, in terms of the Office Memoranda issued by the Department of Personnel : Personnel (B) Department, approval of the Hon’ble Chief Minister is required. However, such approval of the Hon’ble Chief Minister has not been taken. The other ground is that the petitioner will be retiring on 30.11.2024 and, therefore, at the fag end of his service career, hardship would be caused to him if he is transferred to a place 300 kms away from South Karimganj Development Block. Further case of the petitioner is that his spouse is serving in Cachar District. After hearing the learned counsel for the parties, this Court has noticed that the petitioner has approached this Court directly without making any representation before the concerned authority/Respondent No.2. Accordingly, the petitioner is directed to make a representation before the Respondent No.2 within a period of one week from today. Thereafter, the Respondent No.2, on receipt of the representation, shall consider and dispose of the same by a speaking order and in accordance with law and also Page No.# 4/4 by taking into account the Office Memoranda dated 19.9.1992 and

22.05.2002. The same shall be done within a period of three weeks from the date of receipt of the representation. Till the representation is disposed of by the Respondent No.2, the transfer order dated 5.11.2022 shall remain suspended. With the above observation and direction, this writ petition stands