BINA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Brief facts leading to filing of the present appeal at the behest of the Appellant Smti Bina Das, may be noted. One Smti Ranju Devi was working as Auxilary Nurse and Midwife (in short ANM) in the Rural Family Welfare Centre (in short RFWC), Chenga in the district of Barpeta since 1993. By a joint transfer order dated 17.6.2000, the copy of which has been annexed as; Annexure-1 with this appeal, 8 (eight) A.NMs had been transferred from one place to ianother. Smti Ranju Devi (Respondent No. 6 in the writ appeal) was transferred from Chenga RHWS to Maharani Sub-Centre of Jalah Primary Health Centre. The appellant Smti Bina Das was being transferred tErom Bhogdia Sub-Centre under Chenga PHC to Chenga RFWC. The appellant, pursuant to the aforesaid order, joined at Chenga, thereafter, another order was issued on 14.8.2000 (Annexure-2 to this appeal). By the order dated 14.8.2000 Smti Ranju Devii was transferred from Maharani Sub-centre to Sarupeta Sub-centre. Again said Smti Ranjni Devi was transferred from Sarupeta to Chenga vide order dated 22.11.2000 annexed as Annexure-5 to this appeal. With this order the appellant Smti Bina Das was transferred from Chenga to Sarupeta. This order dated 22.11.2000 was cancelled by the order dated 8.1.2001 annexed as Annexure-V to this appeal. Resultantly, Smti Ranju Devi, was to stay at Sarupeta and Smti Bina Das was to stay at Chenga. This order of cancellation of transfer order dated 8.1.2001 was made the subject matter of challenge in the writ petition by Smti Ranju Devi. This writ petition was allowed by the learned Single Judge on 29.3.2001 by which the impugned order of cancellation of transfer of Smti Ranju Devi dated 8.1.2001 was quashed. It may be observed hre that the present appellant was not made party in the writ petition, though by order of cancellation she had been affected.

(2.) No written statement as such was filed on behalf of the official respondents. However,, the learned Single Judge was impressed by a letter dated 22.2.2001 written by the Under Secretary to the Govt. of Assam Health & F.W. Department to the Director of Health Services (FW) Assam, which the learned Single Judge has quoted in his judgment and we also quote hereunder:

(3.) We have seen the original records. There are some further lines in this letter, which are to the following effect: