Disposed

Sewali Das v. the State of Assam and 3 Ors.

Gauhati HC2 Nov 2022WP(C)/2499/2021

Case brief

AI extract

What is this about?

The Court held that keeping a service transfer order in limbo due to a prolonged stay was unreasonable. It directed the Director of Library Services to take a final decision on the transfer order so it could either be acted upon or cancelled.

What did the court decide?

Directed the Director of Library Services I/C, Assam to take a final decision on whether the Transfer Order dated 19.10.2020 is to be acted upon or cancelled.

Sewali Das Vs the State of Assam and 3 Ors. — Property and Title | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010065292021

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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)/2499/2021

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SEWALI DAS

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W/O- SRI PULAK BORA, R/O- H.NO. 19, SEWALI PATH, HENGRABARI ROAD, DISPUR, P.O. DISPUR, DIST.- KAMRUP (M), ASSAM, PIN- 781006

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. OF CULTURAL AFFAIRS, ASSAM, DISPUR, GHY-06

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2:THE DIRECTOR LIBRARY SERVICES I/C ASSAM DIGHOLIPUKHURI GHY-06 3:BALEN KALITA S/O- SRI BIPIN KALITA R/O- VILL- PACHARIA (UZANTOL) KAMRUP (M) ASSAM PIN- 781104 OFFICE ADDRESS- ASSTT. LIBRARIAN DISPUR BRANCH LIBRARY DISPUR GHY-06 KAMRUP (M) ASSAM

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4:HIMANTA BISWA SARMA MINISTER DEPTT. OF FINANCE

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H AND F. W ETC. DISPUR GHY-06 ASSA

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Advocate for the Petitioner : MR D SARMA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 02-11-2022

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Heard Ms. R. Hussain, learned counsel appearing on behalf of Mr. D. Sarma, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned counsel for the respondent Nos. 1 & 2 and Mr. S. Borthakur, learned counsel for the respondent No. 3.

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2. The petitioner is aggrieved by the Order dated 16.12.2020, whereby the Transfer Order dated 19.10.2020 has been stayed.

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3. The petitioner is presently working as Sub Divisional Librarian at Sub Divisional Library, Pragjyotishpur. By an Order dated 19.10.2020, the petitioner was transferred to the post of Assistant Librarian at Dispur Branch Library, Dispur and by the same order, the respondent No. 3 was transferred from the post of Assistant Librarian, Dispur Branch Library to the post held by the petitioner, i.e. Sub-Divisional Librarian at Sub Divisional Library, Pragjyotishpur, Chandrapur. By the said transfer order, the respondent no.3 was also ordered to move first.

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4. As the respondent No. 3 did not come to take over charge of the

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petitioner’s post, the petitioner applied for and obtained RTI information, where it was revealed that the respondent No. 4, in his capacity as Minister of Finance, Health & Family Welfare etc., had recommended vide his letter dated 04.11.2020 to the Director of Library Services, Assam, to look into the matter for retaining the service of respondent No. 3 at Dispur Branch Library. Thereafter, the impugned Order dated 16.12.2020 was passed by the respondent No. 2.

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5. The petitioner’s counsel submits that a direction should be issued to the respondents to set aside the Order dated 16.12.2020, so that the Transfer Order dated 19.10.2020 can be acted upon.

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6. The learned counsels for the respondents, on the other hand submit that there is no infirmity in the stay of the transfer order.

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7. I have heard the learned counsels for the parties.

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8. On perusing the pleadings and on considering the submissions made by the learned counsels for the parties, this Court finds that no enforceable right of the petitioner has been violated as on date. The transfer order has also transferred the petitioner within Guwahati city. However, the fact remains that there has been a stay of the Transfer Order dated 19.10.2020 vide Order dated 16.12.2020, issued by the Director of Library Services I/C, Assam. To keep an issue in limbo for such a long period of time is not reasonable and in that view of the matter, the Director of Library Services I/C, Assam is directed to take a final decision as to whether the Order dated 19.10.2020 is to be acted upon or is to be cancelled.

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9. The writ petition is accordingly disposed of.

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10. It is needless to add that if the petitioner is aggrieved with the decision taken, the petitioner may challenge the same, as per law.

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JUDGE

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Comparing Assistant

Sewali Das v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Sewali Das v. the State of Assam and 3 Ors.

Case brief

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A compact analysis

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