GAHC010139682025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3585/2025

POLLY KOCH

D/O- LATE PHANIDHAR KOCH, R/O- JAPORIGOG, P.O. AND P.S. DISPUR,

DIST. KAMRUP METRO, PIN- 781005.

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, LABOUR WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM

2:THE SECRETARY TO THE GOVT. OF ASSAM

LABOUR WELFARE DEPARTMENT

DISPUR

GUWAHATI-781006

ASSAM

3:BIDYUT KUMAR DAS

REGISTRAR

INDUSTRIAL TRIBUNAL

DIBRUGARH

DIST. DIBRUGARH

ASSAM

PIN- 786001

Advocate for the Petitioner : MR. N DEKA, MR. M GOGOI

Advocate for the Respondent : GA, ASSAM, MRS. R BORAH (R-3)

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

02.12.2025 Heard Mr. M. K. Chowdhury, learned Senior Counsel, assisted by Mr. N.

Deka, learned counsel of the petitioner. Also heard Mr. D. Bora, learned Government Advocate, Assam andMs. R. Borah, learned Counsel, for therespondent No. 3.

2. The challenge in the present writ petition is to the impugned transfer order dated 20-06-2025 issued by the respondents no. 1 and 2by which the private respondent No. 3, was transferred from his post as Registrar, Industrial Tribunal, Dibrugarh, and posted as Registrar, Labour Court, Guwahati, with immediate effect and the petitioner, who was posted as Registrar, Labour Court, Guwahati is transferred and posted as Registrar, Industrial Tribunal, Dibrugarh, with immediate effect. The learned Senior Counsel for the petitioner submits that the impugned order of transfer is challenged only on the ground that it has been given the colour of “public interest” when this transfer is on the basis of the personal request made by the private respondent No.3. Learned Senior Counsel submits that when a transfer is made on a request, it should be a transfer effective on the request of the applicant and it will not be in the interest of public service, as has been sought to be shown in the impugned order dated

20-06-2025.

3. This Court by order dated 25-06-2025 had permitted the Government Advocate to place the relevant record on the next week fixed, which was on 30- 06-2025, with an assurance that no coercive action will be taken against the writ petitionertill the next week of listing. This interim order was extended on the next date also.Subsequently, when the matter was listed again on 21-07- 2025, the interim order was expanded to specifically providethat the transfer order dated 20-06-2025 shall not be given effect to till the next week fixed. This interim order was extended until it stood modified by the order dated 18-09- 2025 in IA (Civil) No.2985/2025 filed by the private respondent No. 3. By order dated 18-09-2025 upon submissions before this Court that the private respondent had already joined in his new place of hosting, i.e. Labour Court Guwahati, the interim order was modified to the extent directing the status quo to be maintained as regards the post of Registrar, Labour Court, Guwahati until further orders.

4. The parties have exchanged the pleadings. The respondents as well as the private respondent have disputed of the contentions raised by the petitioner. The learned Senior Counsel for the Petitioner submits before this Court that as per instructions, the records in this matter available with the Department will reveal that this is not a routine transfer.This transfer impugned transfer order dated 20-06-2025 was issued on the basis of an application made by the respondent No. 3. The petitioner has also made a request after the transfer order was issued giving reasons as to why she ought to have been transferred out of Guwahati.However, that representation was not complied with.

5. The learned Senior Counsel for the petitioner has pressed into service the Judgement of the Apex Court rendered in Secretary to the Government Department of Health and Family Welfare and Another vs. K. C. Devaki reported in 2025 SCC OnLine SC 639. Pressing this judgment into service, the learned Senio