Delowar Hussain vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2411 Gua

                                                                      Page No.# 1/4

GAHC010092342021




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

                                   Case No. : WA/253/2021

            DELOWAR HUSSAIN
            S/O- LATE ABDUL HALIM, R/O- VILL.- NAYAPARA, GOALPARA TOWN, P.O.,
            P.S. AND DIST.- GOALPARA, ASSAM, PIN- 783121.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REP. BY THE SECRETARY TO THE SECRETARY TO THE GOVT. OF ASSAM,
            LABOUR AND EMPLOYMENT DEPARTMENT, DISPUR, GUWAHATI-6.

            2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
             LABOUR AND EMPLOYMENT DEPARTMENT
             DISPUR
             GUWAHATI-6.

            3:THE DIRECTOR

             EMPLOYMENT AND CRAFTSMEN TRAINING
             ASSAM
             REHABARI
             GUWAHATI- 781008.

            4:THE CHIEF INSPECTOR OF FACTORIES
            ASSAM
             NPS INTERNATIONAL SCHOOL LANE
             BETKUCHI
             LOKHRA
             GUWAHATI-40

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : SC, EMPLOYMENT AND CRAFTSMAN TRAINING
                                                                        Page No.# 2/4




                                 BEFORE
                      HONOURABLE THE CHIEF JUSTICE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

Date : 04.10.2021

The matter is taken up today through video conferencing. Heard Mr. H. Das, learned counsel for the writ appellant. Also heard Mr. S. P. Das, learned counsel appearing for respondent no. 3. The present writ appeal has been filed by the appellant against the judgment dated 17.03.2021 passed by the learned Single Judge in WP(C) 1732/2021, whereby the writ petition filed by the writ petitioner/writ appellant was dismissed.

The writ appellant before this court is a Grade-IV employee in the Office of the Chief Inspector of Factories, Assam, at Guwahati. He is a physically challenged person with 70% disability and, under this circumstance, he sought transfer from Guwahati to his home town at Goalpara, Assam, and for this purpose he, along with another Grade-IV employee,namely, Santosh Kumar Ray, who is a Grade-IV employee in the District Employment Exchange at Goalpara, submitted a joint representation dated 29.03.2016 seeking mutual transfer. In the earlier round of litigation, namely, WP(C) 7868/2015, which was filed by the present appellant seeking transfer to Goalpara, a direction was given by this court to Deputy Secretary to the Government of Assam, Labour and Employment Department, to decide the aforesaid representation of the writ petitioner. Subsequently, the Under Secretary to the Government of Assam, rejected the request of the writ petitioner/writ appellant for mutual transfer vide Page No.# 3/4

order dated 24th June, 2020 stating as under:

"With reference to your letter mentioned above, I am directed to inform you that your prayer for mutual transfer with ShriSantosh Kr. Ray, Grade- IV employee under District Employment Exchange, Goalpara cannot be considered as there is no such specific rule for mutual transfer among Grade-IV employees belonging to two different establishments."

The aforesaid order dated 24.06.2020 was challenged by the writ petitioner/writ appellant before the learned Single Judge by filing WP(C) 1732/2021. However, the writ petition did not find favour with the learned Single Judge and the same was dismissed. Aggrieved by the dismissal of the writ petition, the writ petitioner is before this court in the present appeal. We see no occasion to interfere with the finding of the learned Single Judge as, admittedly, the petitioner and Santosh Kumar Ray, who sought mutual transfer, are working in two different establishments and the rules do not permit transfer of Grade-IV employees from one establishment to another establishment. The petitioner/writ appellant is working in the Office of the Chief Inspector of Factories, Assam, at Bhangagarh, Guwahati and he is seeking transfer to the District Employment Exchange at Goalpara, which are two different establishments and, therefore, no interference can be made. Accordingly, the writ appeal is dismissed.

It is, however, made clear that although we have dismissed the appeal, it has been dismissed on the ground that the rules do not permit such transfer. However, considering the fact that appellant wants his transfer to his home town at Goalparaon the ground of his suffering from 70% disability, we direct the respondent authorities, particularly, respondent no. 2, i.e., Under Secretary to the Government of Assam, Labour& Employment Department, Dispur, to Page No.# 4/4

consider the transfer of the writ appellant to any other equivalent post at Goalpara.

The petitioner will be at the liberty to file a fresh representation before the respondent no. 2, i.e.,Under Secretary to the Government of Assam, Labour& Employment Department, Dispur and if such a representation is made, the same shall be disposed of by the respondent no. 2 within a period of three months thereafter.

In case such a transfer is made, the writ appellant shall be placed in the lowest of the Seniority List of the cadre so that his transfer does not disturb the seniority of other Grade-IV employees in the establishment to which he will be transferred.

               JUDGE                             CHIEF JUSTICE




Comparing Assistant