Dismissed

Rakibul Faruque v. the State of Assam and 7 Ors.

Gauhati HC11 Feb 2020WP(C)/847/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the transfer of a physically handicapped Agriculture Development Officer. The Court held the order was passed in the interest of public service and did not call for interference. It clarified that the relevant Office Memorandum pertains to Group-C and Group-D employees.

What did the court decide?

Certiorari/quashing prayer not tenable; petitioner advised to file representation for future transfer consideration.

Rakibul Faruque Vs the State of Assam and 7 Ors. — Service and Employment | Gauhati HC (2020)

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GAHC010028742020

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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) 847/2020

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1:RAKIBUL FARUQUE

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S/O- A M FAROOQI, R/O- BB ROAD, DACCAPATTY, P.S- NAGAON, DISTNAGAON, PIN- 782001, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PERSONNEL (B) DEPTT

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AGRICULTURE DEPTT DISPUR

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GUWAHATI- 06

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3:THE COMMISSIONER AND SECRETARY

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TO THE GOVT OF ASSAM SOCIAL WELFARE DEPTT DISPUR

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GUWAHATI- 06

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4:THE PRINCIPAL SECRETARY AGRICULTURE DEPTT DISPUR

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GUWAHATI- 06

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5:THE DIRECTOR AGRICULTURE DEPTT ASSAM KHANAPARA

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GUWAHATI- 22

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6:THE JOINT DIRECTOR OF AGRICULTURE (C/Z) SHILLONGONI NAGAON ASSAM PIN- 782001

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7:THE DISTRICT AGRICULTURE OFFICER NAGAON ASSAM PIN- 782001

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8:THE PERSONNEL DEPTT PERSONNEL (B) DISPUR ASSAM GUWAHATI- 0

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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11-02-2020

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Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. S.M.T. Chistie, learned Standing counsel, Agriculture Department for the respondent Nos. 2, 4, 5, 6 and 7. Also heard Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1, 3 and 8.

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Petitioner is an Agriculture Development Officer (ADO) in the Agriculture Department of the State. He is suffering from 50% disability due to post polio residual paralysis of left lower limb. By order dated 10.11.2008 the State respondent in the Agriculture Department appointed him as an ADO under the Physically Handicapped/Orthopedic quota and posted

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him at Salchapara, District-Cachar. Thereafter, the petitioner was transferred to the establishment of District Agriculture Officer, Nagaon and posted him as an ADO at Samaguri.

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The Commissioner & Secretary to the Government of Assam, Agriculture Department by the impugned Notification No. AGA.610/2019/8 dated 28.11.2019 (Annexure-4 to the writ petition) transferred the petitioner from the office of the District Agriculture Officer, Nagaon and posted him as ADO in the R.K. Nagar Circle under the office of the Sub-Divisional Agriculture Officer, Karimganj. Being aggrieved with his said transfer, the petitioner has preferred this writ petition.

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Pursuant to the order dated 07.02.2020, Mr. Chistie learned Standing counsel, Agriculture Department has placed the relevant record in original. Petitioner submitted that he suffers from 50% physical disability and his appointment as ADO is also under Physically Handicapped quota and as such, the respondents in the Agriculture Department should consider his transfer and posting in the light of the Office Memorandum of the Government of India in the Ministry of Personnel Public Grievances and Pensions Department, Department of Personnel and Training under No. A-B 14017/4141/90-Estt(RR) dated 08.08.2000 wherein it was notified that it may not be possible or desirable to lay down that physically handicapped employees belonging to Group A or Group B who have all India transfer liability should be posted near their native places and in the case of holders of Group C or Group D posts, who have been recruited for regional basis and who are physically handicapped, such persons may be given posting, as far as possible, subject to administrative constraints, near their native places within the region (Annexure- 5 to this writ petition).

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From the records, placed before the Court by Mr. Chistie, it is seen that since 01.07.2016, the petitioner is serving as ADO in the establishment of the District Agriculture Officer, Nagaon. The respondents in the Agriculture Department in the later part of 2019 on verification found that there are 15 vacancies of ADOs in Cachar district, 11 vacancies of ADO’s in Karimganj district, 9 vacancies of ADO’s in Dhubri district and 5 vacancies of ADO’s in Hailakandi district. Considering such vacancies lying for long, the respondents in the Agriculture Department initiated the regular process of transfer and posting of the ADOs under it and accordingly, the petitioner was transferred from the Office of the District Agriculture Officer, Nagaon to the Office of the Sub-Divisional Agriculture Officer, Karimganj

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posting him as ADO in R. K. Nagar Circle, Karimganj due to acquit shortage of ADOs in that district.

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After his said transfer by the impugned order dated 28.11.2019, it is seen that the petitioner approached the authorities with regard to his posting near his native place in terms of the aforementioned OM dated 08.08.2000 of the Government of India (Annexure-5). The respondents in the Agriculture Department thereafter wrote to the Social Welfare Department of the State requesting the said authority to clarify if there is any Government Order/ Notification in the matter of transfer of Physically Handicapped/PwD employees/ Officers in the State. However, no such report has been furnished by the Social Welfare Department. It is also seen from the records placed before the Court that with regard to the petitioner’s initial place of posting in 2008 and thereafter, he did not claim for any such posting near his native place on the ground of his physical disability. Moreover, from the reading of the said OM dated 08.08.2000 of the Government of India (Annexure-5) regarding posting of physically handicapped candidates near his/her native place in the region pertains to Group-C and Group-D employees and said benefit has not been extended to the Group-A and Group-B employees.

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As there is dearth of ADOs in Karimganj district, the respondents in the Agriculture Department considered to transfer the petitioner as ADO in the Office of the Sub-Divisional Agriculture Officer, Karimganj and posted him at R. K. Nagar Circle, Karimganj petitioner was transferred in the interest of public service.

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Considering the above, this Court is of the view that the impugned transfer order of the petitioner as ADO from the Office of the District Agriculture Officer, Nagaon to the Office of the Sub-Divisional Agriculture Officer, Karimganj and posting him at R.K. Nagar Circle, Karimganj under impugned Notification No. AGA.610/2019/8 dated 28.11.2019 (Annexure-4) is found to have been issued in the interest of public service, which does not call for any interference by the Court under the writ jurisdiction.

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As such, the prayer of the petitioner, made in this writ petition, is not tenable under the law.

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Needless to say that after joining at R.K. Nagar Circle, Karimganj pursuant to the

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impugned Notification No. AGA.610/2019/8 dated 28.11.2019, the petitioner may file an appropriate representation before the authority concerned to consider his case for transfer, if so advised and in the event of filing any such representation by the petitioner, the concerned authority in the Agriculture Department shall dispose of the same in accordance with law, intimating the petitioner about the outcome of his such representation, if any.

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With the above observation and direction, this writ petition stands disposed of.

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The record in original placed by Mr. S. M. T. Chistie, learned Standing counsel, Agriculture Department be hereby returned.

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JUDGE

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Comparing Assistant

Rakibul Faruque v. the State of Assam and 7 Ors.

Case brief

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Rakibul Faruque v. the State of Assam and 7 Ors.

Case brief

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