Disposed

Manjil Hussain v. the State of Assam and 3 Ors.

Gauhati HC5 Jun 2025WP(C)/4406/2024

Case brief

AI extract

What is this about?

Challenge to a transfer order from Barpeta to Karimganj Zilla Parishad; petitioner sought only consideration of his representation citing his father's serious ailments. With respondents not objecting to a limited direction, the High Court disposed of the writ petition directing the authority to consider and dispose of the representation.

What did the court decide?

Direction to the Commissioner, P&RD Dept., Govt. of Assam to consider and dispose of the petitioner's representation dated 16.08.2024 considering his father's ailment.

Manjil Hussain Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2025)

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GAHC010178422024

2025:GAU-AS:7419

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

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Case No. : WP(C)/4406/2024

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MANJIL HUSSAIN S/O MD. AKTAB HUSSAIN R/O VILL- VHELLA P.O. VHELLA DIST. BARPETA, ASSAM PIN - 781309

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, ASSAM CIVIL SECRETARIAT, DISPUR, ASSAM, PIN-781006

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2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT PANJABARI GUWAHATI ASSAM- 7810037

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3:THE CHIEF EXECUTIVE OFFICER BARPETA ZILLA PARISHAD P.O. BARPETA DIST. BARPETA ASSAM PIN-781301

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4:SMTI. MEHERBUL KHANNAM JUNIOR ASSISTANT BONGAIGAON ZILLA PARISHAD P.O. BONGAIGAON DIST. BONGAIGAON ASSAM

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PIN-78103

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Advocate for the Petitioner : MR. K SINGHA, M DEVI

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Advocate for the Respondent : SC, P AND R.D., MR A AHMED (R-4),U U KHAN(R-4),MR. A AHMED(R-4),MR. M A CHOUDHURY(R-4)

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BEFORE HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 06.06.2025.

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Heard Mr. K. Singha, learned counsel for the petitioner. Also heard Mr. A.K. Ghosh, learned counsel appearing for Mr. S. Dutta, learned standing counsel for the P. & R.D. Department for respondent Nos.1—3 and Ms. P.M. Ahmed, learned counsel for the respondent No.4.

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The challenge made in this Writ Petition is to the order dated 03.08.2024, issued by the Commissioner, P. & R.D. Department, Govt. of Assam, whereby the petitioner has been transferred from Barpeta Zilla Parishad to Karimganj Zilla Parishad and in his place, the respondent No.4 has been transferred.

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The petitioner was appointed as a Junior Assistant on 10.10.2014 and initially joined at Bongaigaon Zilla Parishad as Junior Assistant. The petitioner, thereafter was transferred to Barpeta Zilla Parishad, where he had joined on 17.11.2015.

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By the impugned order dated 03.08.2024, the petitioner has been transferred from Barpeta Zilla Parishad to Karimganj Zilla Parishad and in his place, the respondent No.4 has been transferred.

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Mr. K. Singha, learned counsel for the petitioner submits that the petitioner has only limited prayer in this writ petition to the effect that the representation dated 16.08.2024, filed by him may be directed to be considered by the

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respondent authority, particularly, the Commissioner, P. & R.D. Department, Govt. of Assam, as the father of the petitioner is having a serious ailments, for which the petitioner had to take care. Since, the father of the petitioner with various ailments, is staying at Barpeta, transfer of the petitioner to a far place like Karimganj, he would suffer untold hardship. Therefore, the authority may be directed to consider the case of the petitioner.

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Mr. A.K. Ghosh, learned counsel appearing for the respondent Nos.1—3 and Ms. P.M. Ahmed, learned counsel for the respondent No.4 have fairly submitted that they would not have any serious objection to the prayer of the petitioner, if it is only for a direction for consider and dispose of the representation of the petitioner. However, Ms. P.M. Ahmed, learned counsel for the respondent No.4 submits that the transfer and posting of the respondent No.4, in any case should not be affected.

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Having considered the prayer which is considered to be simple and the prayer not being objected to by the learned counsel for the respondents, the present writ petition is disposed of with a direction to the respondent authorities, particularly, the Commissioner, P. & R.D. Department, Govt. of Assam, to consider and disposed of the representation dated 16.08.2024, submitted by the petitioner by taking into consideration of the ground of ailment of the father of the petitioner.

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The writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Manjil Hussain v. the State of Assam and 3 Ors.

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Manjil Hussain v. the State of Assam and 3 Ors.

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