Jayanta Kumar Das Vs the State of Assam and 2 Ors. — Gauhati HC (2026) — LawSathi Research

Jayanta Kumar Das Vs the State of Assam and 2 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned transfer order dated 01.12.2022 set aside and quashed; respondents restrained from posting the petitioner anywhere other than the Headquarters of the Board and/or establishments of the Board situated within Guwahati city; writ petition disposed of with the above observations and directions.

Issue for consideration

Whether the transfer of the petitioner vide order dated 01.12.2022 from the Headquarter of the Pollution Control Board, Assam to its Regional Office at Golaghat is sustainable, given that he suffers from Chronic Kidney Disease (CKD), requires treatment available in Guwahati, cannot stay away from his family, and is now advised and awaiting kidney transplantation.

Court's answer

Considering the health condition of the petitioner (Chronic Kidney Disease; advised and awaiting kidney transplantation), this Court set aside and quashed the transfer order dated 01.12.2022.

Ratio / Principle

The respondents shall not post the petitioner to any place other than the Headquarters of the Board and/or an establishment of the Board situated within the city of Guwahati; the direction was passed noticing the materials brought on record pertaining to the petitioner's health condition.

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), order dated 03.06.2026 in WP(C)/8111/2022 - Service law / Transfer - The petitioner, an Executive Engineer of the Pollution Control Board, Assam, suffering from Chronic Kidney Disease (CKD) and presently advised and awaiting kidney transplantation, assailed the transfer order dated 01.12.2022 posting him from the Board Headquarter at Guwahati to the Regional Office at Golaghat, which order had modified an earlier transfer order dated 11.10.2022 to Tezpur; his representation dated 14.10.2022 seeking exemption on medical grounds did not avail and he stood released from the Headquarter post w.e.f. 05.12.2022; the transfer order had been stayed by this Court on 16.12.2022 and the interim order continued to hold the field; the respondent Board did not seek vacation of the interim directions and undertook to keep the petitioner's health condition in view while assigning duties. Holding: in view of the petitioner's health condition, this Court set aside and quashed the transfer order dated 01.12.2022, and further directed that the respondents shall not post the petitioner to any place other than the Headquarters of the Board and/or an establishment of the Board within the city of Guwahati; with these observations and directions the writ petition stands disposed of.

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GAHC010259652022

2026:GAU-AS:7797

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

Case No. : WP(C)/8111/2022

JAYANTA KUMAR DAS S/O LATE TARA NATH DAS EXECUTIVE ENGINEER, POLLUTION CONTROL BOARD, ASSAM BAMUNIMAIDAM, GUWAHATI-781021, KAMRUP (METRO), ASSAM PRESENTLY RESIDING AT- HOUSE NO. 22, BHAKRANG PATH BISHNU RABHA NAGAR,

NOONMATI, GUWAHATI- 781020,KAMRUP (M), ASSAM, MOBILE NO. 9435114260.

VERSUS

THE STATE OF ASSAM AND 2 ORS

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT (MOEF AND CC), DISPUR, GUWAHATI-781005, ASSAM

2:CHAIRMAN

POLLUTION CONTROL BOARD

HEAD OFFICE BAMUNIMAIDAM GUWAHATI-781021 KAMRUP (M) ASSAM

3:MEMBER SECRETARY

POLLUTION CONTROL BOARD HEAD OFFICE BAMUNIMAIDAM

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GUWAHATI-781021 KAMRUP (M) ASSA

Advocate for the Petitioner : MR. A K RAY, MISS T DAS,MR. I GOGOI,MS. A DEB

Advocate for the Respondent : SC, PCB, MR. P N GOSWAMI,SC, FOREST

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 03.06.2026

Heard Mr. I. Gogoi, learned counsel, appearing for the petitioner.

Also heard Mr. S. Baruah, learned Standing Counsel, Pollution Control Board, Assam.

2. The petitioner has instituted the present writ petition assailing an order of transfer dated 01.12.2022, by which the petitioner was transferred and posted to the Regional Office of the Board at Golaghat.

3. The petitioner has projected in the writ petition that he has been suffering from Chronic Kidney Disease (CKD) and the status of his kidney was deteriorating day by day. The petitioner in the year 2021 was assigned Assembly Election duties, however the Election Department Authorities on considering the health status of the petitioner proceeded to

relieve him from such duties. The petitioner submits that while the petitioner was under such physical condition, the respondent authorities

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vide an order dated 11.10.2022, had proceeded to transfer the petitioner from the Headquarter of the Board to its Regional Office at Tezpur. Being aggrieved the petitioner had submitted a representation dated 14.10.2022 and therein, had highlighted that in view of his health condition he may be exempted from such transfer. The respondent authorities thereafter, proceeded to modify the earlier transfer order in the case of the petitioner vide order dated 11.10.2022, by issuance of a order dated 01.12.2022, and the petitioner was now transferred from the Headquarter of the Board to its Regional Office at Golaghat. Thereafter, the respondents had released the petitioner from the post held by him in the Headquarter w.e.f. 05.12.2022.

Being aggrieved the petitioner had instituted the present writ petition.

4. Mr. I. Gogoi, learned counsel for the petitioner by reiterating the

facts noticed, hereinabove, has submitted that the condition of the petitioner has deteriorated further and presently he is awaiting kidney transplantation.

5. Mr. S. Baruah, learned Standing Counsel, for the respondent Board has submitted that the authorities of the Board are sensitive to the health

condition of the petitioner and accordingly, they have not even filed an application for vacation of the interim directions passed in the present

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matter. Mr. S. Baruah, submits that the Board authorities shall continue to keep in view the health condition of the petitioner while assigning duties to him in the organization.

6. I have heard the learned counsel for the parties and also perused the materials available on record.

7. The petitioner in the present writ petition has assailed the transfer ordered in his case vide the order dated 01.12.2022, primarily on the ground that he being suffering from Chronic Kidney Disease (CKD) and accordingly was not in a position to move out to a distant place and to stay away from his family members who are staying in Guwahati. Further, the medical treatment required to be received by the petitioner for the ailments suffered by him is available in Guwahati and may not be available at the same level at other places in the State. This Court noticing the said submissions, while issuing notice in the present writ petition on 16.12.2022, had proceeded to stay the order of transfer dated 01.12.2022, the said interim order continues to hold the field today.

8. When the matter was taken up for hearing today, the learned counsel for the petitioner had produced the current medical report of the petitioner, from which it is revealed that the petitioner has been now advised for kidney transplantation and is awaiting such transplantation.

9. In view of the above position and considering the health condition

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of the petitioner, this Court proceeds to set aside and quash the order dated 01.12.2022. This Court further provides that the respondents shall not post the petitioner to any other place other than posting him in the Headquarters of the Board and/or in an establishment of the Board situated within the city of Guwahati.

The said direction has been so passed noticing the materials brought on record pertaining to the health condition of the petitioner.

10. With the above observations and directions, the present writ petition stands disposed of.

Comparing Assistant