Tapan Kumar Talukdar vs State Of Assam And 3 Ors

Heard Mr. K.N. Choudhury, learned Senior Counsel, assisted by Mr. J. Patowary, learned counsel for the petitioner and Mr. N. Upadhayay, learned standing counsel for the Irrigation Department appearing for respondent nos. 1 to 3.

By filing this writ petition under Article 226 of the Constitution of India, the case projected by the learned Senior Counsel for the petitioner is that the petitioner was earlier serving in Dhakuakhana Division where he had completed six years of posting and as he was having some medical conditions, he has made a representation to the Minister of the Department on 22.08.2020 and accordingly, the respondent authorities have transferred the petitioner from Dhakuakhana Division to Dhemaji as Executive Engineer, Dhemaji Division (I), Dhemaji.

It is projected that in the last transfer, which was carried out vide notification dated 06.08.2021 (Annexure-6), the petitioner was transferred from Dhemaji Division to Gauripur-Bilasipara West Division (I), Gauripur as Executive Engineer.

The learned Senior Counsel for the petitioner has submitted that the respondent authorities did not take into consideration the reason for which the petitioner was transferred to Dhemaji Division. Accordingly, it is projected that the petitioner has submitted representation dated 11.08.2021 to the Minister of Irrigation Department, Govt. of Assam as well as to the Guardian Minister vide another representation dated 11.08.2021. It is submitted that the said two representations have not been disposed of till date.

The learned departmental counsel has submitted that the Court may permit the concerned respondents to take a decision on the representation submitted by the petitioner.

Accordingly, this writ petition stands disposed of with a direction to the Commissioner and Secretary to the Govt. of Assam, Irrigation Department to take note of the two representations dated 11.08.2021 (Annexure- 7 and 8) to the writ petition and to take appropriate decision in accordance with law.

The petitioner is directed to serve a downloaded copy of this order along with a copy of the writ petition to the respondent no.2 within 3(three) days from today and the representations shall be disposed of within a period of 10(ten) days thereafter.

Till such time the representation of the petitioner is disposed of, the respondent shall not give effect to the transfer order vide notification dated 06.08.2021 in respect of the petitioner.

With the aforesaid directions, this writ petition stands disposed of.