Sahab Uddin Choudhury Vs the State of Assam and 5 Ors.

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GAHC010051022026

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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)/1495/2026

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SAHAB UDDIN CHOUDHURY

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SON OF ABDUL SUKKUR CHOUDHURY, RESIDENT OF HOUSE NO. 143, KATIGORAH, HARINAGAR ROAD, NEAR 209,, KARAIKANDI MAKTAB, KARAIKANDI PART-III, KATIGORAH, POST OFFICE- KATIGORAH, DISTRICT- CACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI 781006

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2:THE DISTRICT COMMISSIONER AND CHAIRMAN DISTRICT HEALTH SOCIETY

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SRIBHUMI

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3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI- 781006 4:THE DIRECTOR OF HEALTH SERVICES (FW) SWASTHYA BHAWAN ASSAM HENGRABARI GUWAHATI- 781036 5:THE JOINT DIRECTOR OF HEALTH SERVICES SRIBHUMI

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6:THE ADDITIONAL CHIEF MEDICAL AND HEALTH OFFICER (FW) SRIBHUMI ASSA

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Advocate for the Petitioner : MR. S BANIK, MR. A K TALUKDAR

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Advocate for the Respondent : GA, ASSAM, SC, HEALTH AND F W

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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16.03.2026

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Heard Mr. S. Banik, learned counsel for the petitioner and Mr. D.P. Borah, learned Standing Counsel, Health & Family Welfare Department.

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2. This writ petition is directed by the petitioner putting a challenge to the order dated 02.03.2026, whereby the petitioner is sought to be transferred from Sribhumi to Golaghat as an Upper Division Assistant in the office of the Additional Chief Medical and Health Officer (Family Welfare). The grievance of the writ petitioner is that pursuant to the directions passed by this Court in WP(C) No.4916/2025 by the judgment dated 17.12.2025, the suspension of the petitioner was interfered with and set aside and there was a direction to the respondents to reinstate the petitioner in service forthwith. In deference to the said direction, the impugned order dated 02.03.2026 was passed. However, although the petitioner was reinstated, but he was reinstated on transfer to Golaghat. It is submitted the reinstatement order is contrary to service jurisprudence as the petitioner ought to have been reinstated in his same place of posting to which he was posted at the time he was placed under suspension. The petitioner has also filed a representation dated 06.03.2026 before the Director of Health and Family Welfare, Assam, which according to the petitioner has remained pending and no orders have been

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passed. Being aggrieved, the present writ petition has been filed.

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3. On 13.03.2026, upon hearing the learned counsel for the parties, the Court permitted the learned Additional Advocate General, Assam, who had represented the respondents to complete his instructions as to whether there was any possibility of posting the petitioner in a nearby district in the available vacancies.

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4. Today, Mr. D.P. Borah, learned Standing Counsel, Health and Family Welfare Department submits that in view of the representation stated to be pending before the Director of Health Services (Family Welfare), the respondents, more particularly, the Director of health Services (Family Welfare) may be directed to look into the grievance raised by the petitioner and pass appropriate orders.

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5. Mr. N.A. Mazarbhuiya, learned counsel has filed an interlocutory application seeking impleadment on behalf of the complainant in the present writ petition.

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6. Considering the submissions made and as agreed to by the learned counsel for the petitioner and also by the learned Standing Counsel, Health and Family Welfare Department that in view of the representation filed before the Director of Health Services (Family Welfare) impending the writ petition can be disposed of with a direction to the said respondent to dispose of the writ petition by taking into consideration of the attending facts and circumstances.

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7. Under such circumstances, this writ petition stands disposed of with a direction to the respondent authorities, more particularly, the Director of Health Services (Family Welfare), to look into the grievance of the writ petitioner vide the representation dated 06.03.2026 and pass an appropriate

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order thereon seeking transfer to a nearby district.

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8. The complainant represented by Mr. N.A. Mazarbhuiya, learned counsel has filed an interlocutory application which in view of the disposal of the writ petition, no orders are necessary in the interlocutory application permitting the impleadment of the applicant. She will have liberty to raise her objection before the respondent authority at the time of consideration of the representation, if so advised.

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9. The Director of Health Services (Family Welfare) shall dispose of the representation within a period of one week from the date of receipt of a certified copy of this order. Needless to say that till the disposal of the representation, the transfer order dated 02.03.2026 shall not be given effect to.

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10. The writ petition is disposed of in terms of above.

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JUDGE

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Sahab Uddin Choudhury v. the State of Assam and 5 Ors.

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Sahab Uddin Choudhury v. the State of Assam and 5 Ors.

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