JIBESWAR THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL the aforesaid three writ petitions have been filed by the respective writ petitioners assailing the legality and validity of the orders of transfer transferring them from one place of another. It is their case that such orders of transfer are not founded on bona fide exercise of power, but have been issued illegally and arbitrarily and not in any public interest. According to them the orders have been issued due to extraneous consideration and out of sheer favouritism. Considering the allegations made in all three writ petitions towards assailing the orders of transfer I have decided to dispose of all the three writ petitions by this common Judgment.

(2.) THE petitioner has been serving as Assistant Professor of Medicine in Guwahati Medical College and Hospital to which post he was promoted on 5.6.2002. He has been transferred to Silchar Medical College, Silchar by the impugned order dated 21.10.2003. When his representation dated 23.10.2003 against the said order of transfer has not yielded any result, he has approached his Court by filing this writ petition. According to the petitioner there are many senior persons who have been enjoying their posting in Guwahati Medical College and Hospital for many years. He asserts that the said order of transfer has been issued not in ; any public interest but on political pressure to satisfy and to accommodate the respondent No. 4 who was earlier posted in Silchar Medical College, Silchar by a notification dated 14.2.2003. The respondent No. 4 did not carry out the said order of transfer and he was attached to the Guwahati Medical College and Hospital. It is the case of the petitioner that the transfer order has been issued just to accommodate the respondent No. 4 in Guwahati Medical College and Hospital and the same has been issued on extraneous consideration upon political pressure. According to the petitioner the respondent No. 4 has been continuing in Guwahati for several years. As per the averments made in the writ petition, the respondent No. 4 could get his order of transfer to Silchar cancelled and in his place one Dr. Dhiraj Das was sought to be transferred by an order dated 14.10.2003. However, said Dr. Dhiraj Das could also get the order of transfer cancelled using the political pressure and a notification dated 15.10.2003 cancelling the earlier order of his transfer dated 14.10.2003 was issued. By the said notification dated 14.10.2003, the respondent No. 4 who was shown as Assistant Professor of Medicine, Silchar Medical College, has been transferred in the same capacity and posted in Guwhati Medical College and Hospital, Guwahati. According to the petitioner there has been violation of the adopted policies of the Govt. in the matter of transfer of Govt. Servants. He has also referred to a decision of this Court passed in W.P.(C) No. 5216/01 (Shri Dayal Das v. State of Assam and Ors.) by which this Court emphasized the need to check the arbitrary transfer of Govt. Officials. In pursuance to the said Judgment of this Court the Govt. of Assam in the Department of Personnel issued an Office Memorandum on 4.2.2002 followed by yet another Office Memorandum dated 22.5.2002 laying down the policies on transfer. For a ready reference the aforesaid Office Memorandum dated 22.5.2002 is quoted below :

(3.) IN this case the petitioner who has been working as Pharmacist under the Health Department, has assailed the legality and validity of the order of transfer dated 28.10.2003 by which he has been transferred from Chenga Public Health Centre in the District of Borpeta purportedly in the public interest and posted to Alopathichar P.H.C. in the same District. Earlier the petitioner was working as Pharmacist at Alopathichar P.H.C. and on completion of three years of service there, he was transferred to Pamuapathar S.H.C. in the District of Nalbari by an order dated 6.8.2003. Upon a representation made by the petitioner, the order was modified by another other dated 25.8.2003 posting the petitioner to his present place of posting, i.e., Chenga P.H.C. He joined at Chenga on 1.9.2003 and has been working there.