Disposed

Rijul Ali v. the State of Assam and 6 Ors.

Gauhati HC8 Sept 2024WP(C)/1639/2018

Case brief

AI extract

What is this about?

Writ petition challenging a January 2018 transfer order issued allegedly to accommodate the private respondent. With over six years having elapsed and the petitioner having continued in post under an interim order, the Court disposed of the petition as infructuous and vacated the interim order.

What did the court decide?

Petition disposed of as infructuous; interim order vacated; liberty to pass fresh transfer orders.

Rijul Ali Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010107232019

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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)/1639/2018

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RIJUL ALI S/O- SRI MAKIB ALI R/O- VILL- MANAHKUCHI P.O- MANAHKUCHI P.S- HAJO DIST- KAMRUP(R) ASSAM PIN- 781104

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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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 ASSAM HENGRABARI GUWAHATI- 36 ASSAM 3:THE JOINT DIRECTOR OF HEALTH SERVICES KAMRUP (R) P.O- AMINGAON DIST- KAMRUP(R) ASSAM

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4:THE JOINT DIRECTOR OF HEALTH SEVICES CACHAR P.O- SILCHAR

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Page No.# 2/3

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DIST- CACHAR ASSAM 5:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER BOKO BLOCK PHC BOKO DIST- KAMRUP (R) ASSAM 6:THE SUB DIVISIONAL MEDICAL OFFICER HARINAGAR BLOCK PHC P.O- HARINAGAR DIST- CACHAR ASSAM 7:ARJUL HOQUE TALUKDAR S/O- AJIJUR RAHMAN TALUKDAR R/O- VILL- DAMPUR P.O- DAMPUR P.S- HAJO DIST- KAMRUP(R) ASSAM PIN- 781102 -----------Advocate for : DR. B AHMED Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 6 ORS.

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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09.09.2024

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In the instant writ petition, the transfer order dated 12.01.2018 issued by the

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respondent No.2 has been assailed on the ground that the same has been

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issued by the authorities only to accommodate the respondent No.7.

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Taking note of the grievance expressed by the petitioner, this Court, by order dated 21.03.2018, had passed an interim order directing maintenance of

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status quo and that is how despite the order dated 12.01.2018, the writ

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Page No.# 3/3

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petitioner has continued to serve in the Dhubguri Sub-Center of Boko Block PHC under the control of the Joint Director of Health Services, Kamrup (R) till date.

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Mr. K. Uddin, learned counsel for the petitioner submits that he has not received any instruction from his client.

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Be that as it may, since the transfer order under challenge was passed in the month of January, 2018, after a lapse of more than six years, the challenge to the said order on the grounds mentioned in the writ petition would no longer

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survive.

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Ms. D. Borah, learned Standing Counsel, Health and Family Welfare Department, Assam has also submitted that the writ petition has become infructuous and the same be closed.

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After considering the nature of grievance expressed in the writ petition and the submissions made by the learned counsel for both the side, this writ petition is being disposed of as infructuous.

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Interim order passed earlier shall stand vacated.

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It would be open for the respondents to pass fresh order of transfer

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involving the petitioner and the private respondent, if so advised.

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JUDGE

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Comparing Assistant

Rijul Ali v. the State of Assam and 6 Ors.

Case brief

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Rijul Ali v. the State of Assam and 6 Ors.

Case brief

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