Nasir Choudhury Vs the State of Assam and Ors.

Considering the subject matter and the instructions obtained by Shri Khataniar, the learned Standing Counsel, this writ petition is disposed of at the motion stage itself.

¶24

It may be mentioned that when this matter was listed on 06.06.2025, Shri Khataniar, the learned Standing Counsel was directed to obtain instructions on the aspect that the petitioner had complained that he was not allowed to join in his parent school.

¶25

The facts in brief as projected in the petition is that the petitioner was serving as Assistant Teacher in the Sonapur High School in the district of Kamrup (M) and vide the impugned order dated 04.12.2024, he was sought to be transferred to South Salmara Mankachar District.

¶26

The petitioner had also contended that due to the conditions imposed, the service career of the petitioner would be adversely affected and in this regard Section 11 of the Assam Elementary and Secondary School Teachers, (Regulation and Transfer) (Amendment) Act, 2023 has been referred to. The matter was represented

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by the petitioner and ultimately vide the order dated 28.05.2025, the petitioner was reinstated as Assistant Teacher in the original school. It may be mentioned that in the meanwhile the petitioner was placed under suspension which was also revoked by the aforesaid order.

¶29

Shri Hazarika, the learned counsel for the petitioner has apprehended that unless the transfer order is interfered with or revoked in specific terms, the petitioner may still be transferred to the location at South Salmara Mankachar. The learned counsel has also expressed certain difficulties on the part of the petitioner in making movements.

¶30

Shri Khataniar, the learned Standing counsel has however submitted that the apprehension of the petitioner was not correct and in fact the petitioner has been allowed to join and is discharging duties at the Sonapur High School. He has also submitted that by such reinstatement, the earlier transfer order has become otiose.

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In view of the aforesaid development, there is no requirement to continue with this writ petition and accordingly, the same is closed.

¶32

The petitioner would however be at liberty to approach the appropriate forum in case there is any further grievance.

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JUDGE

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Comparing Assistant

Nasir Choudhury v. the State of Assam and Ors.

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Nasir Choudhury v. the State of Assam and Ors.

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