Disposed

Anjuara Begum v. the State of Assam and 5 Ors.

Gauhati HC2 Sept 2019WP(C)/4561/2017

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging a transfer order of the petitioner. The court held that since more than two years passed since the interim order and the petitioner had continued in her posting for over seven years, the purpose of the petition was achieved.

What did the court decide?

The writ petition is disposed of with liberty to the respondents to pass such order as may be required in the public interest.

Anjuara Begum Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010032732017

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

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Case No. : WP(C) 4561/2017

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ANJUARA BEGUM W/O. SRI BAHAR ALI, R/O. ISLAMPUR, GHY., P.O. ULUBARI, P.S. PALTAN BAZAR, DIST. KAMRUP M, ASSAM, PIN-781007.

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VERSUS

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1:THE STATE OF ASSAM and 5 ORS. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GHY.-781006.

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2:THE DIRECTOR SOCIAL WELFARE ASSAM BAL BHAWAN UJANBAZAR GHY.-781001. 3:THE DIST. SOCIAL WELFARE OFFICER KAMRUP R BELTOLA GHY.-781028.

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4:THE CHILD DEVELOPMENT PROJECT OFFICER HAJO ICDS PROJECT P.O. and P.S. HAJO DIST. KAMRUP R ASSAM PIN-781102.

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5:THE CHILD DEVELOPMENT PROJECT OFFICER KAMALPUR RANGIA ICDS PROJECT P.O. and P.S. KAMALPUR DIST. KAMRUP R ASSAM PIN-781354.

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Page No.# 2/3

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6:SMT. BARNALI GOGOI S/O. SRI PRITOM BARUAH SUPERVISOR ICDS PROJECT C/O. DIRECTOR OF SOCIAL WELFARE ASSAM GHY.-781001

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Advocate for the Petitioner : MR.V A CHOWDHURY

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Advocate for the Respondent : MRS.T BARMANR-6

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BEFORE

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HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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02.09.2019

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Heard Mr. M. Mahanta, learned counsel for the petitioner and Mr. D. Nath, learned Govt. Advocate, Assam.

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Petitioner is serving as Supervisor under the Directorate of Social Welfare, Assam.

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By the impugned order dated 26.07.2017 issued by the Director of Social Welfare, Assam, petitioner was transferred from Hajo ICDS Project to Krishnai— Balijana ICDS Project. This is under challenge in the present writ petition.

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On 31.07.2017, this Court issued notice and passed the following interim order:-

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“ It is submitted by Mr. Choudhury that the respondent No.6 was initially transfer red from Kamalpur, Rangia ICDS Project to Krishnai Balijana ICDS Project, Goalpara by a notification dated 29.06.2017. Subsequently, the transfer order of the respondent No.6 was modified by the order dated 26.07.2017 and she has been posted in place of the petitioner at Hajo ICDS Project and the petitioner is transferred from Hajo ICDS Project to Krishnai Balijana ICDS Project. It is submitted that the transfer order dated 26.07.2017 was issued in gross violation of the notification dated 21.11.2014 as no approval of the Committee constituted for transfer and posting of the Supervisor and Statistical Assistants was taken.

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It is submitted by Mr. Choudhury that the petitioner is still continuing as Supervisor in Hajo ICDS Project.

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Having heard the learned counsel appearing for the parties, the impugned order dated 26.07.2017 issued by the Director of Social Welfare, Assam (Annexure-3 of t he writ petition) is suspended until further orders.”

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Mr. Nath, learned Govt. Advocate submits that more than 2 years have gone by since the interim order was passed. Petitioner has continued in her present posting for more than 7 years.

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Mr. Mahanta submits that though petitioner was subsequently transferred, in view of order dated 31.07.2017 such transfer order was stayed.

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Be that as it may, having regard to the subject matter of the writ petition and the fact that more than 2 years have gone by since the interim order was passed, Court is of the view that the purpose for which the writ petition was filed has been achieved.

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Accordingly, writ petition is disposed of with liberty to the respondents to pass such order as may be required in the public interest, if considered necessary.

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Writ petition is disposed of.

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JUDGE

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Comparing Assistant

Anjuara Begum v. the State of Assam and 5 Ors.

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Anjuara Begum v. the State of Assam and 5 Ors.

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