Gauhati High Court
WA/225/2020 on 28 January, 2021
Page No.# 1/3
GAHC010192722020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WRIT APPEAL NO.225 OF 2020
Shri Bhagaban Barman,
Son of Thaneswar Barman,
Resident of ASEB Colony, Ulubari, PO: Ulubari,
District: Kamrup (Metro), Assam.
Junior Assistant in the Office of the Director of Health Services,
Assam, Hengrabari, Guwahati - 781036.
........Appellant
-Versus-
1. The State of Assam, represented by the Commissioner &
Secretary to the Government of Assam, Health & Family Welfare
Department, Dispur, Guwahati - 781006, Assam.
2. The Director,
Health Services, Assam, Hengrabari, Guwahati - 781036.
3. The Chairperson, Departmental Promotion Committee, Health
Services, Assam, Hengrabari, Guwahati - 781036.
4. Shri Nabajyoti Deka, Senior Assistant.
5. Shri Moon Moon Deka, Senior Assistant.
6. Shri Nilamoni Das, Senior Assistant.
All are presently working as newly promoted Senior Assistant in the
Office of the Director of Health Service, Assam, Hengrabari,
Guwahati - 781036 and thereby their corresponding address will be
Office of the Director of Health Service, Assam, Hengrabari,
Guwahati - 781036, Public Health Complex.
........Respondents
Page No.# 2/3
-Before-
Hon'ble the chief justice Mr. Sudhanshu Dhulia
Hon'ble Mr. Justice Achintya Malla Bujor Barua
For the Writ Appellant : Mr. A. Ali, Advocate.
For the Respondent Nos.1 to 3 : Mr. D. Upamanyu, Standing Counsel,
Health & Family Welfare Deptt., Assam.
Date of hearing and Judgment & Order : 28th January, 2021.
JUDGMENT & ORDER (ORAL)
(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.
2. 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.
3. 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.
4. 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.
5. 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.
Page No.# 3/3
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.
6. 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.
7. 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.
8. There is no case of malafide alleged against any of the authorities by the
appellant/petitioner.
9. In view of the above, there is no scope of interference. The appeal stands
dismissed.
JUDGE CHIEF JUSTICE
M. Sharma
Comparing Assistant
