JUDGMENT :

Achintya Malla Bujor Barua, J.

1. Heard Mr. B. Chetri, learned counsel for the petitioner. Also heard Mr. D. Nath, learned additional senior government advocate for the respondent authorities.

2. The petitioner is a member of the Assam Civil Services (ACS) 1995 batch and he joined the service on 01.07.1995. In course of his service, the petitioner joined as Additional Deputy Commissioner, Sivsagar on 02.03.2018 and continued upto 25.02.2019 i.e. for a period of 11 (eleven) months. Prior to that, in between the petitioner was transferred to Jorhat where he served as Additional Deputy Commissioner, Jorhat from 18.03.2019 upto 03.09.2019. It is stated that the said transfer of the petitioner was made on the premises that the home district of the petitioner is Sivsagar and therefore, during the period of election, he was transferred out for a brief period. As per the Government notification dated 03.09.2019, the petitioner was promoted to the Senior Grade 1 of ACS and was transferred and was posted as a District Development Commissioner at Sivsagar, where he joined on 04.09.2019. By the order dated 19.02.2020, the petitioner was transferred in the interest of public service and was posted as the Joint Secretary to the Government of Assam in the Urban Development Department, a posting which is located in Guwahati.

3. Being aggrieved by the order of transfer of 19.02.2020, this writ petition is instituted.

4. In paragraph 6 of the writ petition, a stand has been taken that the son of the petitioner is studying in class-IX at Sophy Mercy Memorial School, Sivsagar and it being a crucial time in his educational career, a mid-term transfer would adversely him. In paragraph 7, the specific stand taken is that as per the office memorandum dated 19.09.1992, a transfer is to be made only upon completion of 3 (three) years of service at one place and if the public interest demands that a person can be transferred before completion of 3 (three) years at a given place, but proper justification and ground be recorded in writing for the transfer and the order of transfer can be issued 'only after approval of the Chief Minister'. In paragraph 8, reference is made to another office memorandum dated 22.05.2002 wherein the same provisions are provided. Accordingly, in the writ petition, it is the case of the petitioner that he was transferred during the mid-term of the academic session of his son and secondly, the order of transfer was made without the approval of the Chief Minister. In paragraph 10, further stand has been taken that the case of the petitioner is of a frequent transfer, which again cannot be done without the approval of the Chief Minister.

5. When the matter was moved on 27.02.2020, an interim order was passed on the plea being raised by the petitioner that the transfer was given effect without the approval of the Chief Minister. Accordingly, the records of the transfer made against the petitioner were called for.

6. The relevant portions of the office memorandum dated 04.02.2002 which is annexed as Annexure-G to the writ petition are extracted below:

"As per state government's standing O.M. No. AMP. 40/91/117 dated 19.9.92 the transferable officers and staff should normally be transferred only upon completion of 3 years of service at one place. But an officer need not necessarily be transferred when he completes 3 years in one station if the interest of public does not demand so.

In the said O.M. it has also been stipulated that whenever public interest demand that an officer should be transferred from his place of posting even before completion of 3 years in the place, proper justification and ground may be recorded in writing for the transfer and orders issued only after getting approval of the Chief Minister for such a transfer."

7. Reliance had also made to the office memorandum dated 22.05.2002 and the relevant portion thereof are extracted below:

"2. It is further notices that some Departments frequently change the transfe