JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S. Biswas, the learned counsel appearing on behalf of the petitioner and Mr. N.K. Debnath, the learned Standing counsel appearing on behalf of the Panchayat and Rural Development Department. I have also heard Mr. C.S. Hazarika, the learned Standing counsel appearing on behalf of the Deputy Commissioner, Karimganj.

2. For the order which this Court proposes to pass at this motion stage, this Court does not deem the presence of the respondent No. 6 is necessary.

3. The instant writ petition is taken up for disposal at the motion stage itself.

4. A perusal of the materials on record reveals that vide an order dated 05.11.2022, the petitioner was transferred and posted at Lumding Development Block under Hojai District from the post of the Assistant Accounts Officer of South Karimganj District. This order was put to challenge before this Court in WP (C) No. 7685/2022. This Court vide the order dated 30.11.2022 had disposed of the said writ petition. It appears from the order dated 30.11.2022 that the petitioner had raised 3 (three) grounds to challenge the transfer order dated 05.11.2022. The first ground which was taken was that the petitioner was yet to complete two years in his place of posting. The second ground was that the petitioner will be retiring on 30.11.2024 and therefore at the fag end of his career, hardship would be caused to him if he is transferred to a place 300 kms away from South Karimganj Development Block. Further his spouse was serving in Cachar District.

5. This Court after duly taking note that the petitioner approached this Court by filing a writ petition challenging the order dated 05.11.2022 without submitting a representation had therefore directed the petitioner to make a representation before the respondent No. 2 within a period of 1 (one) week from the date of the said order and the respondent No. 2 was directed upon receipt of the said representation to consider and dispose of the same by a speaking order in accordance with law and also by taking into account the Office Memorandums dated 19.09.1992 and 22.05.2002. It was also directed that the said representation be disposed of within a period of 3 (three) weeks from the date of the receipt of the representation and till such time, the transfer order dated 05.11.2022 shall remain suspended.

6. It further reveals on record that on 06.12.2022, the petitioner submitted a representation to the Commissioner, Panchayat and Rural Development, Government of Assam. Subsequent thereto, on 12.04.2023, the said representation was disposed of and taking into account that the Office Memorandums dated 19.09.1992 and 22.05.2002 was modified whereby the period of 3 (three) years which were mentioned was reduced to 2 (two) years and further taking into account that the petitioner joined as an Assistant Accounts Officer in the South Karimganj Development Block on 22.06.2020 and the transfer order was issued on 05.11.2022 which is after the completion of 2 (two) years, the Commissioner, Panchayat and Rural Development, Government of Assam directed the petitioner to report as per the transfer order dated 05.11.2022. This order dated 12.04.2023 has been put to challenge by way of the instant writ petition.

7. I have heard the learned counsels for the parties.

8. Mr. S. Biswas, the learned counsel appearing on behalf of the petitioner duly submitted that the representation which was submitted by the petitioner contained various grounds however it was only on the ground that the petitioner having completed more than 2 (two) years in that particular post, the representation so submitted by the petitioner was rejected. He submitted that in an Office Memorandum of the Government of Assam, it has been mentioned that the Government servants ought to be allowed to stay at their home station on the eve of their retirement and such policy and procedure is followed on sound principles that the posting of the Government servant at his home station