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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Montu Gogoi, S/O- Kuladhar Gogoi – Appellant
Versus
State Of Assam Represented By The Secretary To The Govt. Of Assam, Panchayat And Rural Development – Respondent
JUDGMENT :
Soumitra Saikia, J.
Heard Mr. A. Sahad, learned counsel appears for the petitioner. Also heard Ms. P. Thapa, learned counsel on behalf of Mr. S. Dutta, learned Standing Counsel appears for the P&RD Department and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appears for the respondent no. 2.
2. The petitioner before this court was engaged as a casual employee vide the notification No. FEA. 104/2005/11 dated 26.08.2005. Subsequently, the petitioner was appointed as an Office Assistant on casual basis and posted at Dulakakharia Gaon Panchayat. He was allowed to draw a fixed pay/remuneration at the rate of Rs. 15,900/ (Fifteen Thousand Nine Hundred) with dearness allowances (D/A) and Medical Allowances (M/A) of Rs. 600/- (six hundred) per month subject to recommendation of the Pay Commission. The petitioner joined as an Office Assistant as a casual employee at Dulakakharia Gaon Panchayat under Nazira Development Block and he has been working since 10.01.2020 till date. It is stated in the writ petition that the petitioner is holding the post of Office Assistant (casual) which is a non sanctioned post. By office Order vide the Memo No. SZP-7/Confdl./2023/3
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
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....
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
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