Disposed¶36

Abdul Ahad v. the State of Assam and 6 Ors.

Gauhati HC20 Jul 2025WP(C)/3380/2025

Case brief

AI extract

What is this about?

Gauhati High Court WP(C)/3380/2025, Abdul Ahad v. State of Assam (21-07-2025, Soumitra Saikia, J.): transfer order by Block Development Officer, Badarpur Chaitanyanagar Development Block, Sribhumi; disposal of pending representations dated 05.04.2025 and 19.05.2025 by Commissioner, Panchayat and Rural Development Department (Order NoE-648231/DFA/1301420 dated 17.07.2025); petitioner allowed to serve as Senior Assistant Teacher; seniority per Personnel (B) Department OM No. ABP.52/2023/8 dated 31.05.2024; interim order dated 18.06.2025 confirmed; writ petition closed as not pressed and disposed of.

What did the court decide?

Writ petition closed as not pressed; interim order dated 18.06.2025 confirmed; impugned transfer order dated 13.06.2025 held to have no effect in terms of the Commissioner's order dated 17.07.2025. ¶36

Abdul Ahad Vs the State of Assam and 6 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition closed as not pressed; interim order dated 18.06.2025 confirmed; impugned transfer order dated 13.06.2025 held to have no effect in terms of the Commissioner's order dated 17.07.2025.

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Issue for consideration

Whether the petitioner's grievance that his representations dated 05.04.2025 and 19.05.2025 had not been disposed of survives after their disposal by the Commissioner's order dated 17.07.2025. +1 more

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Court's answer

Since the petitioner's representations dated 05.04.2025 and 19.05.2025 have been considered and disposed of by the Commissioner's order dated 17.07.2025, no further cause of action survives in the writ petition; the petitioner does not wish to press it, and the writ petition stands closed as not pressed.

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Ratio / Principle

The interim order dated 18.06.2025 passed by this Court stands confirmed.

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Key takeaways

The impugned transfer order dated 13.06.2025 issued by the Block Development Officer, Badarpur Chaitanyanagar Development Block, Sribhumi, will have no effect in terms of the order dated 17.07.2025 issued by the Commissioner, Panchayat and Rural Development, Assam.ratio¶33

Detailed headnote1 paragraphs

Abdul Ahad v. The State of Assam and 6 Ors., Gauhati High Court, WP(C)/3380/2025, order dated 21-07-2025 (Soumitra Saikia, J.). The petitioner, a Senior Assistant Teacher, had challenged a transfer order dated 13.06.2025 issued by the Block Development Officer, Badarpur Chaitanyanagar Development Block, Sribhumi, which was stayed by an interim order dated 18.06.2025, and sought disposal of his representations dated 05.04.2025 and 19.05.2025. Pursuant to this Court's earlier order dated 26.06.2025, the Commissioner, Panchayat and Rural Development Department disposed of the representations by Order NoE-648231/DFA/1301420 dated 17.07.2025, permitting the petitioner to serve as Senior Assistant Teacher, with seniority and other benefits governed by the Personnel (B) Department Office Memorandum No. ABP.52/2023/8 dated 31.05.2024. Holding that no further cause of action survived, the Court closed the writ petition as not pressed, confirmed the interim order, and declared that the impugned transfer order will have no effect in terms of the Commissioner's order dated 17.07.2025.

Page No.# 1/4

GAHC010132122025

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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)/3380/2025

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ABDUL AHAD

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S/O LATE MOLAI MIYA R/O. MIRADAGIRPAR, P.O. AND P.S. NILAMBAZAR, DISTRICT SRIBHUMI, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REPRESENTED BY THE PRINCIPAL SECRETARY, TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE ADDITIONAL CHIEF SECRETARY

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TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI-781037

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3:THE COMMISSIONER

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PANCHAYAT AND RURAL DEVELOPMENT JURIPAR PANJABARI GUWAHATI-781037

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4:JOINT DIRECTOR

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O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI

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Page No.# 2/4

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GUWAHATI-781037

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5:THE CHIEF EXECUTIVE OFFICER SRIBHUMI ZILLA PARISHAD DIST. SRIBHUMI ASSAM PIN CODE-788710

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6:EXECUTIVE OFFICER

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BADARPUR CHAITANYNAGAR DEVELOPMENT BLOCK SRIBHUMI DIST. SRIBHUMI ASSAM PIN NO. 788806 7:BLOCK DEVELOPMENT OFFICER BADARPUR CHAITANYNAGAR DEVELOPMENT BLOCK SRIBHUMI DIST. SRIBHUMI ASSAM PIN-78880

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Advocate for the Petitioner : MR. R MAJUMDAR, MS. J GHOSH,MR. JUNM LASKAR

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Advocate for the Respondent : SC, P AND R.D.,

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BEFORE

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HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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21-07-2025

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Heard Mr. JUNM Laskar, learned counsel for the petitioner. Also heard Ms.

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P. Chetri, learned counsel for the Panchayat and Rural Development Department.

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2] Pursuant to the earlier order dated 26.06.2025, the respondents have

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disposed of the representations dated 05.04.2025 and 19.05.2025 filed by the petitioner which were pending. The representations were disposed of by the Commissioner, Panchayat and Rural Development Department by its Order NoE-648231/DFA/1301420 dated 17.07.2025, by which order the petitioner was allowed to serve his duty as a Senior Assistant Teacher at Badarpur Chitanyanagar Development Block, Sribhumi District. However, the seniority and other benefit etc in respect of the petitioner will be applicable as per the Personnel (B) Department Office Memorandum No. ABP.52/2023/8 dated 31.05.2024. Learned counsel for the petitioner submits that his grievance before the Court was that his representations dated 05.04.2025 and 19.05.2025 had not been disposed of. However, in view of the order dated 17.07.2025 placed before the Court, which shows that his representations have since been considered, no further cause of action survives in the preset writ petition and therefore, the petitioner does not wish to press this writ petition any further. Accordingly, the writ petition stands closed as not pressed.

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3] The interim order dated 18.06.2025 passed by this Court stands confirmed. The impugned order dated 13.06.2025 issued by the Block Development Officer, Badarpur Chaitanyanagar Development Block, Sribhumi, for transfer of the petitioner, which was stayed by this Court, will have no effect in terms of the order dated 17.07.2025 issued by the Commissioner, Panchayat

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& Rural Development, Assam.

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4] In view of the above, the writ petition stands closed and disposed of.

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JUDGE

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Comparing Assistant

Abdul Ahad v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Abdul Ahad v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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