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Judgment
Sudhanshu Dhulia, CJ
Heard Mr. A. Ali, learned counsel for the writ appellant. Also heard Mr. D. Upamanyu, learned standing counsel, Health & Family Welfare
Department, appearing for the respondent Nos.1 to 3.
This is a writ appeal filed against the order dated 07.12.2020 passed by the learned Single Judge in WP(C) No.5112/2020, whereby the said writ
petition was dismissed.
The appellant/petitioner was working as a Junior Assistant in the Office of the Directorate of Health Services, Guwahati. By an order dated
22.10.2020 he has been promoted to the next higher post of Senior Assistant in the Health Services but has now been transferred to the newly created
district at Hojai in the Office of the Joint Director of Health Services by the order dated 22.10.2020.
Before this Court, the learned counsel for the appellant has argued that he is working in a Headquarter and, therefore, even by promotion he cannot
be transferred to another district. This contention of the learned counsel for the appellant is not supported by any provision of law, at least none that
has been placed before this Court.
Transfer is an exigency of service. Moreover, in the present case, this transfer comes along with the promotion of the present appellant/petitioner to
the next higher post. As there are not enough posts of Senior Assistant in the Headquarter where he could be absorbed, he has rightly been
transferred to the existing vacancies of Senior Assistant elsewhere.
We find absolutely no anomaly in the order dated 07.12.2020 of the learned Single Judge as the learned counsel for the respondents has also rightly
contended that transfer is an exigency of service and could only be interfered in three contingencies.
Firstly, where the transfer itself is in violation of the law; secondly, it has been passed by an authority which is not competent to pass the transfer
order, which is presently not the case and, thirdly, where it is due to any malafide reasons.
There is no case of malafide alleged against any of the authorities by the appellant/petitioner.
In view of the above, there is no scope of interference. The appeal stands dismissed.