Mutual transfer of employees is valid if both are governed by the same service rules, irrespective of their postings, as established under the Directorate Service Rules, 1973.

JUDGMENT :

KARDAK ETE, J.

1.Heard Mr. M. Dutta, learned counsel for the petitioners. Also heard Mr. J. K. Goswami, learned Standing Counsel, Animal Husbandry and Veterinary Department for respondent Nos. 1, 3, 4 & 5 and Mr. A. Phukan, learned Standing Counsel, General Administration Department for respondent No. 2.

2. Challenge made in this writ petition is to the order dated 12.07.2025, issued by the Director, Animal Husbandry & Veterinary Department, Government of Assam, whereby the mutual transfer order dated 07.06.2025 of the petitioners has been cancelled being in purported contravention of the provision of Clause 3 (point b) of Office Memorandum dated 01.01.2025.

3. Briefly put, the petitioners were appointed as Junior Assistants under the Directorate of Animal Husbandry & Veterinary, Govt. of Assam, vide order dated 23.05.2023 on the recommendation of the State Level Recruitment Commission pursuant to an advertisement for filling up of 13,141 various posts including 8,331 under Category- I (Accountant/Cashier/Jr. Asstt./LDA/ Stenographer etc. The petitioner No. 1 was posted at the Directorate of Animal Husbandry & Veterinary, Chenikuthi, Guwahati vide order dated 23.05.2023. By another order on the same day, the petitioner No. 2 was posted in the office of the District Animal Husbandry & Veterinary Officer, Darrang, Mangaldoi, District Darrang.

4. The Government of Assam, in the General Administration Department, issued an Office Memorandum dated 01.01.2025 through the Commissioner & Secretary to the Government of Assam, prescribing the Standard Operating Procedure for mutual transfer (intra-departmental) of Grade-III and Grade-IV employees. Clause 3 of the said Office Memorandum stipulates that mutual transfer between two employees of the same Department and the same Directorate/Commissionerate shall be allowed only if both of them have the same grade pay, covered under the same Service Rules, and the nature and qualification of both posts are similar.

5. Both the petitioners had applied for mutual transfer in terms of the Office Memorandum dated 01.01.2025. The Director of Animal Husbandry & Veterinary, Assam, by an order dated 07.06.2025, in terms of the said Office Memorandum dated 01.01.2025, transferred and posted the petitioner No. 1 from the Directorate of Animal Husbandry & Veterinary Department, Assam, Kamrup(M), to the Office of the District Animal Husbandry & Veterinary, Mangoldoi, Darrang, under the Directorate of Animal Husbandry and Veterinary, Darrang. The petitioner No. 2 was correspondingly transferred and posted from the Office of the District Animal Husbandry & Veterinary Officer, Darrang, under the Directorate of Animal Husbandry and Veterinary, Darrang, to the Directorate of Animal Husbandry & Veterinary Department, Assam, Kamrup(M), on mutual basis. Pursuant thereto, both petitioners were released from their respective offices and joined at their new places of posting. However, by the impugned order dated 17.07.2025, the respondent authorities cancelled the said mutual transfer on the purported ground that the same is in contravention of the provisions under Clause 3 (point b) of the Office Memorandum dated01.01.2025.

6. Mr. M. Dutta, learned counsel for the petitioner, submits that since both the petitioners have been appointed as Junior Assistant under the Assam Directorate Establishment (Ministerial) Service Rules, 1973 (hereinafter referred to as “ Directorate Service Rules , 1973” for short) by the Director of Animal Husbandry & Veterinary, Government of Assam, pursuant to an adve