A writ petition filed by a Labour Inspector claiming disability-related hardship due to a transfer order from Nalbari to Lakhimpur. The Court directed authorities to consider the representation and maintain status quo.
Directed Secretary, Govt. of Assam to consider representation within 7 days; status quo maintained until decision.
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GAHC010200402026
2026:GAU-AS:13511
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5032/2026
SAMIR PAUL
S/O. LT. RAMESH CHANDRA PAUL, R/O MALIGAON, NAG COLONY, P.O. MALIGAON, P.S. JALUKBARI, DIST. KAMRUP M, PIN-781011.
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, LABOUR WELFARE DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE JOINT SECRETARY TO THE GOVT OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-06.
3:THE LABOUR COMMISSIONER ASSAM SHRAM BHAWAN ULUBARI GUWAHATI-07.
4:THE DISTRICT COMMISSIONER NALBARI ASSAM
5:TONOY GOSWAMI LABOUR INSPECTOR LAKHIMPUR O/O LABOUR OFFICER LAKHIMPUR DISTRICT ASSAM
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Advocate for the Petitioner : MR. B K DAS,
Advocate for the Respondent : GA, ASSAM,
BEFORE
HON’BLE MR. JUSTICE NELSON SAILO O R D E R
14.09.2026
Heard Mr. B.K. Das, learned counsel for the petitioner and Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam appearing for the State respondents. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this stage.
2. Mr. B.K. Das, learned counsel for the petitioner submits that the petitioner is aggrieved with the Notification dated 08.09.2026 (Annexure6) in so far as his transfer and posting has been directed from Nalbari to Lakhimpur in the same post held by him i.e., Labour Inspector. The learned counsel submits that the petitioner had been posted to Nalbari from Dudhnoi and he joined the post on 06.03.2024. However, even before completion of three years of tenure in Nalbari, he has been posted out to Lakhimpur. The learned counsel submits that the petitioner in fact is a Locomotor disability to the extent of 50% and undergoing medical treatment in Guwahati. Therefore, his posting in Lakhimpur will cause great hardship to him to get proper treatment.
3. Learned counsel for the petitioner by referring to the Office Memorandum dated 31.03.2014 (Annexure-13), submits that the Government of India in the Ministry of Personnel, Public Grievances and
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Pensions Department of Personnel and Training has issued guidelines for providing certain facilities in respect of persons with disabilities employed in the Government for efficient performance of their duties. As per the guidelines, preference is given to persons with disabilities in transfer and posting by providing exemption from rotational transfers. They are allowed to continue in the same job, where they can achieve the desired performance. Further, preference in place of posting is to be given to persons with disability subject to administrative constraint. Learned counsel submits that the wife of the petitioner had submitted a representation before the Secretary to the Government of Assam, Labour Welfare Department on 08.09.2026 for modification of the transfer order. But the same has not been considered till date and therefore, the petitioner is before this Court. He submits that the petitioner has not handed over charge and has not joined the new place of posting and he prays that pending consideration of the representation, status-quo may be directed by this Court.
4. Mr. J.K. Goswami, learned Additional Senior Government Advocate on the other hand submits that there is an instruction circulated by the State Government in the Department of Personnel, Personnel (A) through Office Memorandum dated 25.11.2024, wherein, it has been provided that the representation submitted by the concerned official against a transfer order will be entertained only after a transferee has joined the place of transfer. Further, it has also been clarified that there is no requirement for issuance of release order by any authority, who is subordinate to the authority, who has issued the order of transfer. Such being the position, the learned counsel submits that the petitioner cannot take the plea of not being
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released from the present place of posting and he should be directed to join the new place of posting and the respondent authorities thereafter may consider the representation submitted by the wife of the petitioner.
5. Upon hearing the learned counsel for the rival parties and having regard to the fact that the petitioner is a Locomotor disabled person up to 50% and also in view of the guidelines provided for persons with disabilities through the Office Memorandum dated 31.03.2014, this Court is of the considered view that the respondent authorities concerned should consider the representation which was filed on 08.09.2026, wherein a prayer has also been made for modification of the transfer to any other suitable place other than Lakhimpur. Such consideration in the considered view of this Court is called for considering the peculiar facts and circumstances of the present case considering the disability suffered by the petitioner and in view of the specific guidelines for preferential transfer and posting given by the Ministry of Personnel, Public Grievance and Pensions as already stated hereinabove.
6. Accordingly, the writ petition is disposed of by directing the respondent No.1 i.e., the Secretary to the Government of Assam, Labour Welfare Department, Assam to consider and dispose of the representation submitted by the wife of the petitioner within a period of seven days from the date of receipt of a certified copy of this order. The petitioner shall also serve a certified copy to the respondent No.1 within three days from today for the respondent No.1 to do the needful.
7. Till such a decision is made by the respondent No.1, status-quo as on today shall be maintained.
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8. With the above observations and direction, the writ petition is
disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a transfer order should be stayed pending consideration of a representation filed by a disabled employee?
How should authorities handle the representation of a Locomotor disabled employee seeking modification of his transfer?
SAMIR PAUL
THE STATE OF ASSAM
NELSON SAILO
As recorded by the court registry
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