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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Md. Chuleiman Hussain S/o. Md. Pair ali – Appellant
Versus
State Of Assam, Represented By The Principal Secretary To The Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. challenge to illegal transfer order (Para 2 , 3) |
| 2. petitioner's health and service considerations (Para 4 , 11) |
| 3. court's inquiry on transfer authority (Para 5 , 8 , 14 , 15) |
| 4. legal grounds for interference in transfer orders (Para 16) |
| 5. judicial orders and clarifications (Para 18) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Ms. M.K. Brown, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned Additional Advocate General, Assam appears on behalf of the respondent Nos. 1 to 3 and Mr. A. Sarmah, the learned counsel appears on behalf of the respondent No. 4.
2. The present writ petition has been filed challenging the transfer order dated 14.11.2025 whereby the petitioner was transferred from BPHC-Chamata to BPHC- Mukalmua and the respondent No. 4 was transferred from BPHC-Mukalmua to BPHC-Chamata.
3. The case of the petitioner herein is that the said transfer order is contrary to the order dated 30.08.2022 issued by the Mission Director, National Health Mission, Assam wherein it was categorically mentioned that employees of the National Health Mission, Assam at district and sub-district levels shall not be transferred or attached (including allow
An authority lacking competence to issue a transfer order, especially in contravention of a standing directive, renders the order subject to judicial quashing under Article 226.
The main legal point established in the judgment is that the validity of an order must be judged by the reasons mentioned and cannot be supplemented by fresh reasons, and that a statutory functionary....
Contractual employees can be subject to transfer if explicitly stated in their employment contract, limiting rights akin to permanent employees.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
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