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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Mostafizur Rahman, S/O- Late Majibar Rahman – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. appointment background and transfer details (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding service rules (Para 6 , 7 , 8 , 9) |
| 3. court's interpretation of service rules and transfer validity (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. misinterpretation of the office memorandum by authorities (Para 24) |
| 5. order quashing cancellation and reviving mutual transfer (Para 25 , 26) |
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
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.
The main legal point established in the judgment is that appointments must comply with the relevant rules and government orders, and appointing authorities must act within their jurisdiction.
Transfer policies are directory, not mandatory, and courts will not interfere unless there is clear malafide or statutory violation.
Mutual transfers in Railway services must respect original seniority unless justified; improper reassignment mandates corrective action.
Transfer orders within government service are generally not subject to judicial review unless proven malafide or in violation of statutory provisions.
Rules of 1973 clearly prescribe that these Rules shall regulate recruitments and conditions of service of persons appointed to ministerial service in various officers of Heads of department in Govern....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service.
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