Dr. Bhagaban Barman challenged a posting order directing him to a newly created Senior Assistant post at Hojai. The Court observed that refusing the post would mean forfeiting promotion and found the posting meritorious.
The writ petition was dismissed without any order as to costs.
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GAHC010170932020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5112/2020
BHAGABAN BARMAN
S/O- THANESWAR BARMAN, R/O- ASEB, COLONY, ULUBARI, DIST.KAMRUP (M), JUNIOR ASSTT., IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES, ASSAM, HENGRABARI, GHY-36
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GHY-6
2:DIRECTOR HEALTH SERVICES ASSAM HENGRABARI GHY-36
3:CHAIRPERSON DEPARTMENTAL PROMOTION COMMITTEE O/O DIRECTORATE OF HEALTH SERVICE HENGRABARI GHY-36
4:NABAJYOTI DEKA SR. ASSTT. PRESENTLY WORKING AS PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE RESPONDENT NO. 2 AND THEREBY THEIR CORRESPONDING ADDRESS WILL BE O/O THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX
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5:MOON MOON DEKA SR. ASSTT. PRESENTLY WORKING AS PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE RESPONDENT NO. 2 AND THEREBY THEIR CORRESPONDING ADDRESS WILL BE O/O THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX
6:NILAMONI DAS SR. ASSTT. PRESENTLY WORKING AS PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE RESPONDENT NO. 2 AND THEREBY THEIR CORRESPONDING ADDRESS WILL BE O/O THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLE
Advocate for the Petitioner : MR B KAKATI
Advocate for the Respondent : SC, HEALTH
:: BEFORE ::
HON’BLE MR. JUSTICE MANOJIT BHUYAN
O R D E R
07.12.2020
Heard Mr. B. Kakati, learned counsel for the petitioner as well as Mrs. S. Sarma, learned counsel representing all the respondents.
Having regard to the facts of the case, this writ petition is taken up for final disposal at the Motion stage itself.
Not in dispute is that the petitioner was promoted to the post of Senior Assistant by order dated 22.10.2020. By the same order, and having regard to the fact that a post of
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Senior Assistant has been newly created in the district of Hojai, the petitioner was posted at the said place. Clearly, the petitioner has been so posted at Hojai in the promoted post. It is seen that if the petitioner, for any reason, is reluctant to go to Hojai, it would also mean that he would have to forego his promotion to the post of Senior Assistant. Certainly, the petitioner would not be agreeable to this position. It is also seen that his posting on promotion at Hojai is not by way of affecting his official status and career prospects, namely, seniority, pay scale and secured emoluments. No material is also placed that his posting at Hojai is arbitrary or mala fide or contrary to any statutory Rules.
Having regard to the observations above, I find no merit in this writ petition. The same stands dismissed, however, without any order as to cost.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to resist posting to a newly created promoted cadre post at Hojai.
Whether the posting order at Hojai is arbitrary, mala fide or contrary to any statutory Rules.
Bhagaban Barman
State of Assam
Manojit Bhuyan
As recorded by the court registry
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