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GAHC010008152026

2026:GAU-AS:968

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/372/2026

ASIF HUSSAIN MAZUMDER

S/O- MOZZAM HUSSAIN MAZUMDER, RESIDENT OF SATGAON ROAD,

BAGARBARI, GUWAHATI, ASSAM, PIN- 781037

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF

ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR,

GUWAHATI-6

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM

PUBLIC HEALTH ENGINEERING DEPARTMENT

DISPUR

GUWAHATI-6

3:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM

PUBLIC HEALTH ENGINEERING DEPARTMENT

DISPUR

GUWAHATI-6

4:THE CHIEF ENGINEER

PHE WATER ASSAM

HENGRABARI

GUWAHATI

5:THE CHIEF ENGINEER

(PHE) SANITATION

ASSAM

HENGRABARI

GUWAHATI-36

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6:THE EXECUTIVE ENGINEER (PHE)

GUWAHATI DIVISION -1

BAMUNIMAIDAM

GUWAHATI-21

7:THE EXECUTIVE ENGINEER (PHE)

SOUTH SALMARA MANKACHAR DIVISION

HATSINGIMARI

SOUTH SALMARA MANKACHAR

PIN- 78313

For the Petitioner(s) : Mr. A.M.S. Mazumder, Advocate

For the Respondent(s) : Mr. R.R. Gogoi, Advocate

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

28.01.2026

Date :

Heard Mr. A.M.S. Mazumder, the learned counsel appearing

on behalf of the petitioner. Mr. R.R. Gogoi, the learned Standing

Counsel appears on behalf of the respondents.

2. The petitioner herein has assailed the order dated

03.01.2026 whereby the petitioner has been transferred from

the Office of the Executive Engineer (PHE), Guwahati Division-I

to the Office of the Executive Engineer (PHE), South Salmara,

Mankachar Division against an existing vacancy w.e.f. the date

of taking over charge and until further orders.

3. The grievances of the petitioner herein are that the

petitioner is suffering from various ailments and that the

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parents of the petitioner are also suffering from various

ailments. In that regard, the petitioner submitted a

representation on 07.01.2026 which has not yet been

considered by the Respondent Authorities.

4. This Court has enquired with the learned counsels

appearing on behalf of the petitioner as well as the

respondents, as to how, may many years the petitioner has

been stationed at Guwahati.

5. It has been submitted at the bar that the petitioner has

been stationed in Guwahati for the last 12 (twelve) years.

6. This Court has also given an anxious consideration to the

respective submissions and has also perused the materials on

record.

7. Transfer is an incidence of the petitioner’s service and the

Respondent Authorities have the authority to transfer the

petitioner from one place to another.

8. It is no longer res integra that the scope of interference

with a transfer order is very limited and sans a case of mala fide

or extreme hardships, the writ Court ought not to exercise

jurisdiction to interfere with the transfer order, that too, when

the transfer is made in administrative exigency.

9. Considering the above, this Court, does not find any ground

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to interfere with the transfer order dated 03.01.2026.

10. Accordingly, the instant writ petition stands dismissed.

11. Before parting with the record, this Court, however,

observes that since the petitioner has submitted a

representation dated 07.01.2026, the respondents shall duly

consider the same and intimate the petitioner of the outcome

within a period of 7 (seven) days from today. While considering

the representation, the concerned Respondent Authorities shall

deal on its merits without being influenced by the dismissal of

the present writ petition.

JUDGE

Comparing Assistant

Order downloaded on 31-01-2026 07:51:22 AM