2. Heard Mr. D. Deka, learned counsel for the petitioner in WP(C) No. 6513 of 2014 and Mr. U.K. Das, learned counsel for the petitioner in WP(C) No. 990 of 2015. Also heard Mr. B.K. Sharma, learned Standing Counsel, Social Welfare Department, who has produced the relevant file.

3. Both the petitioners are serving as Child Development Project Officers (CDPO) in the Social Welfare Department, Government of Assam.

4. Smt. Purnima Hazarika, petitioner in WP(C) No. 6513 of 2014, was transferred from Balipara ICDS Project, Sonitpur to Tezpur in the same district as Probation Officer. Alleging that the said transfer was within the tenure period of 2 years of the last transfer order and without having prior approval of the Chief Minister, Smt. Purnima Hazarika moved this court by filing WP(C) No. 5948 of 2014. This court disposed of the said writ petition vide order dated 19.11.2014, by directing the departmental Commissioner and Secretary to take on board the representation stated to have been filed by the petitioner against her transfer order and to dispose of the same by passing a speaking order. Thereafter, the departmental Commissioner and Secretary passed the speaking order dated 28.11.2014, stating that petitioner was transferred within the district (Sonitpur district) and though it was before completion of the normal tenure period, approval of the Chief Minister was not required as the transfer was within the same district. It was further stated that service of the petitioner as CDPO at Balipara was not essential and, therefore, she was assigned a new post within the district. On the same date, the impugned notification dated 28.11.2014 was issued by the departmental Commissioner and Secretary, modifying the posting of the petitioner from Tezpur as CDPO at Rangapara ICDS Project within Sonitpur district. By the same order, Smt. Rina Hatimota, Assistant CDPO, Baghmara ICDS Project was promoted and posted as CDPO, Balipara ICDS Project.

5. By filing the present writ petition, Smt. Purnima Hazarika has challenged the legality and validity of the aforesaid notification dated 28.11.2014. This court by order dated 10.12.2014 directed maintenance of status quo as regards the place of posting of the petitioner. Thereafter, notice was issued vide order dated 19.1.2015 and the status quo order was directed to be continued.

6. The departmental Commissioner and Secretary thereafter issued notification dated 10.2.2015, staying the transfer of Smt. Purnima Hazarika, vide notification dated 28.11.2014. Following the same, Smt. Rina Hatimota was transferred and posted as CDPO, Sootea ICDS Project in the same district. This has been challenged by Smt. Rina Hatimota by filing WP(C) No. 990 of 2015. Notice was issued on 23.2.2015 and both the writ petitions were directed to be listed together.

7. Insofar the first writ petition is concerned, this court had earlier directed the departmental Commissioner and Secretary to look into the grievance of the petitioner (Smt. Purnima Hazarika) and thereafter, to pass appropriate order(s). Accordingly, the departmental Commissioner and Secretary examined the request of the petitioner, but declined to accept the same for the reasons mentioned in the speaking order dated 28.11.2014. Thereafter, she was transferred and posted as CDPO, Rangapara in the same district of Sonitpur.

8. Neither violation of any statutory rule nor any mala fide is discernible from the impugned order as well as from the averments made in the writ petition. In view of the explanation given by the departmental Commissioner and Secretary in the speaking order, impugned transfer cannot also be said to be arbitrary or unreasonable. Just because, petitioner has been transferred before completion of her normal tenure it does not mean that such transfer would be arbitrary or unreasonable. The departmental Commissioner and Secretary has explained that since the tran