SANTOSH RAKSAM MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) With the help of this writ application, made under Article 226, the Petitioner has put to challenge the notification, dated 07.12.2009, issued by the Respondent No. 1, transferring the Petitioner as Deputy Secretary to the Govt. of Meghalaya, Department of Soil and Water Conservation.

(2.) I have heard Mr. A. S. Siddique, learned Counsel, for the Petitioner, and Mr. S. P. Mahanta, learned Additional Advocate General, Meghalaya.

(3.) The case of the Petitioner, as discernible from his pleadings in the writ petition, his rejoinder and the materials on record, is, in brief, thus: The Petitioner has been made to suffer as many as 13 transfer orders during a period of eight years from the year 2001 to 2009. In fact, according to the Petitioner, he has been transferred on 19 occasions from one place to another during a span of 15 years 6 months. Such frequent transfers are in violation of the Office Memorandum, dated 18.11.98, which aims at stopping frequent transfers of officers from one place to another by prescribing their normal tenure of posting, at a given place, for a period of three years. This apart, the Petitioner is an asthmatic patient and as per the advice of the doctors, he should remain at a warmer place. In substance, thus, the Petitioner's grievance is that while passing the impugned order of transfer, the Office Memorandum, dated 18.11.98, aforementioned, was not complied with and his state of health needs him to be kept at a warmer place than what Shillong is.