Atul Timung Vs the State of Assam and 2 Ors. — Gauhati HC (2025) — LawSathi Research

Atul Timung Vs the State of Assam and 2 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent No. 1 (Commissioner Secretary, General Administrative Department, Government of Assam) to take a decision on the petitioner's application for transfer to the establishment of the District Commissioner, Nagaon within 30 (ten) days of receipt of a certified copy of the order, and to communicate that decision to the petitioner.

Issue for consideration

Whether respondent No. 1 (Commissioner Secretary, General Administrative Department) should take a decision on the petitioner's application for transfer from Salbari Sub-Division, Baksa District to the establishment of the District Commissioner, Nagaon.

Ratio / Principle

This Court directed respondent No. 1 to take a decision on the petitioner's application for transfer to the establishment of the District Commissioner, Nagaon, within a period of 30 (ten) days from the date of receipt of a certified copy of the order.

Key takeaways

The 30 (ten) day period for respondent No. 1's decision runs from the date of receipt of a certified copy of the order.ratio¶¶24
The decision made by respondent No. 1 is to be communicated to the petitioner.ratio¶¶25

Detailed headnote1 paragraphs

Writ petition WP(C)/293/2024 (Gauhati High Court, order dated 03.03.2025, Soumitra Saikia, J.). The petitioner, a Junior Administrative Assistant at Salbari Sub-Division of Baksa District, sought transfer to the establishment of the District Commissioner, Nagaon. His counsel submitted that the District Commissioners of Baksa and Nagaon had both issued No Objection Certificates and that a vacant post of Junior Administrative Assistant existed at Nagaon. The learned Government Advocate for the State submitted that the writ petition could be disposed of if a time-bound direction were issued to respondent No. 1. Taking note of the No Objection Certificates, the Court directed respondent No. 1 (Commissioner Secretary, General Administrative Department, Government of Assam) to take a decision on the petitioner's transfer application within 30 (ten) days of receipt of a certified copy of the order and to communicate the decision to the petitioner. The writ petition was accordingly disposed of.

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GAHC010010442024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/293/2024

ATUL TIMUNG S/O- LATE PRAFULLA TIMUNG, R/O- VILL- MOTHONKHAT (BAMUNI), PO AND PS- JAKHALABANDHA, DIST.- NAGAON, PIN- 782136.

VERSUS

THE STATE OF ASSAM AND 2 ORS REPRESENTED BY COMMISSIONER SECRETARY, GENERAL ADMINISTRATIVE DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GHY-06.

2:DISTRICT COMMISSIONER TAMULPUR DISTRICT PO- TAMULPUR ASSAM.

3:DISTRICT COMMISSIONER NAGAON DISTRICT PO- NAGAON ASSAM

Advocate for the Petitioner : MR. K SARMA, MR. S BORUAH

Advocate for the Respondent : GA, ASSAM, MR B GOGOI (SC, GAD)

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

03.03.2025

1. Heard Mr. K. Sarma, learned counsel for the petitioner. Also heard Mr. C.K.S. Baruah, learned Government Advocate for the State.

2. The petitioner, who was working as a Junior Administrative Assistant at Salbari Sub-Division of Baksa District seeks transfer to the establishment of the District Commissioner, Nagaon.

3. The petitioner’s counsel submits that to facilitate the issuance of the transfer order to be made by the respondent No. 1, the District Commissioner of Baksa and the District Commissioner of Nagaon have both issued No Objection Certificates.

4. The petitioner’s counsel submits that there is a vacant post of Junior Administrative Assistant in the establishment of the District Commissioner, Nagaon where the petitioner can be accommodated. As such, there should be no difficulty on the part of the respondent No. 1 in issuing the transfer order.

5. Mr. C.K.S. Baruah, learned Government Advocate for the State submits that the writ petition can be disposed of, if a direction is issued to the respondent No. 1, to take a final decision on the petitioner’s application for transfer within a specified time period.

6. On considering the prayer of the petitioner and the fact that the District Commissioner, Baksa and District Commissioner, Nagaon have both given No

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Objection Certificates for the transfer of the petitioner to the establishment of the District Commissioner, Nagaon, this Court directs the respondent No. 1 to take a decision on the petitioner’s application for transfer to the establishment of the District Commissioner, Nagaon, within a period of 30 (ten) days from the date of receipt of a certified copy of this order.

7. The decision made by the respondent No. 1 should be communicated to the petitioner.

8. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant