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GAHC010163162022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/261/2022 SAHAB UDDIN CHOUDHURY S/O LATE ABDUL SUKKUR CHOUDHURY, VILL-KOROIKANDI PART-II, P.O.-
RAJARTILLA, P.S.-KATIGORAH, DIST-CACHAR, ASSAM, PIN-788805 VERSUS THE STATE OF ASSAM AND 7 ORS.
REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GUWAHATI-781006
2:THE PRINCIPAL SECRETARY GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-781006
3:THE DIRECTOR OF HEALTH SERVICES (FAMILY WELFARE)
ASSAM SWASTHYA BHAWAN HENGRABARI GUWAHATI-781036
4:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT HEALTH SOCIETY KARIMGANJ-788710
5:THE JOINT DIRECTOR OF HEALTH SERVICES KARIMGANJ NEAR CIVIL HOSPITAL KARIMGANJ
788710
6:THE ADDITIONAL CHIEF MEDICAL HEALTH AND HEALTH OFFICER (FAMILY WELFARE)
KARIMGANJ NEAR CIVIL HOSPITAL KARIMGANJ
788710
7:THE ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER (FAMILY WELFARE)
HAILAKANDI OLD CIVIL HOSPITAL ROAD HAILAKANDI 788151 8:MONISH MALAKAR UD ASSISTANT OFFICE OF THE ADDL. CHIEF MEDICAL AND HEALTH OFFICER (FW)
OLD CIVIL HOSPITAL ROAD HAILAKANDI ASSAM. 78815 Advocate for the Petitioner : MR. A K TALUKDAR Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
['A K TALUKDAR', '', 'S I KHAN', 'S BANIK', 'SC', 'HEALTH', '', 'GA', 'ASSAM']
ORDER
18-08-2022 Date :
R.M. Chhaya, C.J.
Heard Mr. D. Das, learned senior counsel assisted by Mr. A.K. Talukdar, learned counsel for the appellant. Also heard Mr. B. Gogoi, learned standing counsel, Health Department for the respondents.
By way of this writ appeal, the appellant has challenged the order dated
11.08.2022 passed by the learned Single Judge in WP(C) 5244/2022 whereby the learned Single Judge was pleased to dismiss the petition with appropriate direction to the State Government to decide the representation of the petitioner. The matter relates to transfer of the petitioner from Karimganj district wherein the appellant was working since 2010, to Hailakandi district.
Mr. D. Das, learned senior counsel for the appellant relied upon the Notification issued by the Governor of Assam dated 09.09.2021 to indicate that for Grade-III and Grade-IV staff, inter-district transfer should not be executed. In addition to that, attention is drawn to the communication dated 30.05.2022 addressed by the Joint Director of Health Services, Karimganj to the Principal Secretary to the Government of Assam, Health and Family Welfare Department wherein it is stated that the appellant was asked to carry out the order of transfer. Further attention is drawn to the communication dated 24.08.2009 which is a reply under RTI to indicate and contend that the post occupied by the appellant is non-transferrable beyond the district. It was also alleged that the transfer is malafide.
It is a matter of fact that transfer is an incidence of service. No allegation of malafide has been made. The same has no basis and even the communication dated 30.05.2022 is internal correspondence. In peculiar facts and circumstances of the case, the Principal Secretary, Government of Assam, Health and Family Welfare Department, respondent No.2 is hereby directed to consider the representation which is already filed as per the direction issued by the learned Single Judge, within a period of two weeks from the date of receipt of certified copy of this order and pass appropriate order on the same. It would be open for the appellant to file further detail representation before the respondent No.2, who shall consider such representation within a period of two weeks from the date of receipt of the same.
The appeal stands disposed of.
JUDGE CHIEF JUSTICE
