Quashed

Nurul Islam v. the State of Assam and 4 Ors.

Gauhati HC3 Jan 2022WP(C)/891/2018

Case brief

AI extract

What is this about?

Petitioner, a government medical officer, challenged a transfer order as politically motivated and contrary to public interest, citing personal hardships. The court quashed the order due to expiry of the two-year posting tenure and permitted fresh transfer in public interest.

What did the court decide?

Transfer order dated 06.02.2018 is quashed; authorities may issue fresh transfer orders if required.

Nurul Islam Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010030972018

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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)/891/2018

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NURUL ISLAM

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S/O FORID UDDIN AHMED, VILLAGE- KANDIGRAM, KANAIBAZAR, PO KANAIBAZAR, PS PATHARKANDI, DIST. KARIMGANJ, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GUWAHATI-6

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2:THE DIRECTOR OF HEALTH SERVICES (F.W) SWASTHYA BHAWAN HENGRABARI ASSAM GUWAHATI-36 3:THE ADDL. CHIEF MEDICAL AND HEALTH OFFICER (F.W) KARIMGANJ PO AND PS KARIMGANJ DIST. KARIMGANJ ASSAM 4:THE ADDL. CHIEF MEDICAL AND HEALTH OFFICER (F.W.) CACHAR PO AND PS SILCHAR DIST. CACHAR ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : MR. D P BORAH (SC, HEALTH DEPARTMENT)

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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Date : 03-01-2022

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Heard Mr. A.M. Barbhuiya, the learned counsel for the petitioner. Also heard Ms. D.P. Borah, the learned standing counsel for the Health Department. It is submitted that the respondent no. 5 has retired from his service and was accordingly struck off from the array of respondents vide an order dated 03.12.2020.

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Considering the subject matter of dispute and as agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the admission stage.

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The petitioner is aggrieved vide an order dated 06.12.2018, by which, he was transferred from the office of the Additional Chief Medical and Health Officer (F.W.) Karimganj to the establishment of the Additional Chief Medical and Health Officer (F.W.), Cachar vice the respondent no. 5., who was transferred to Goalpara. The petitioner has taken up the grounds that the transfer was politically motivated and there was no public interest. The grounds of his ailing mother and School going children were also taken up.

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This Court vide the order dated 19.02.2018, while issuing notice had directed maintenance of status quo on the petitioner post in at Karimganj. It is an admitted position that pursuant to the said order dated 19.02.2018, the petitioner is working at Karimganj till date.

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As indicated above, the private respondent has also retired from service in the meantime and his name has been struck off from the array of parties.

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As per the present policy of the Government regarding transfer of Government servant the normal tenure is two years in a particular place of posting and it appears

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Page No.# 3/3

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that the period of two years of posting of the petitioner at Karimganj is already over.

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In view of the above, while making the interim order absolute, the writ petition itself is closed by quashing the impugned order of transfer dated 06.02.2018.

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However, the authorities would be at liberty to issue fresh orders of transfer, if required in the public interest and in accordance with law.

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JUDGE

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Comparing Assistant

Nurul Islam v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Nurul Islam v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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