JYOTISH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Bhuyan, learned senior counsel assisted by Ms. R. S. Deuri, learned counsel appearing for the writ petitioner. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate, Assam appearing on behalf of the respondents.

(2.) The writ petitioner herein is serving as Deputy Director of Food and Civil Supplies and Consumer Affairs and is presently posted at Kamrup Sadar in the District of Kamrup(M). Assailing the transfer order dtd. 21/7/2023 by means of which, he has been transferred and posted at Haflong, the instant writ petition has been filed inter-alia contending that this is a case of premature transfer in as much as the petitioner is yet to complete two years in his present place of posting. The other grounds urged by the petitioner's counsel are that the petitioner is due for retirement on attaining the age of superannuation with effect from 30/4/2025 and therefore, he has less than two years to go for his retirement. Under the circumstances, in order to avoid any delay in finalization of his pension, the petitioner ought to be posted in his home district i.e. Kamrup(M), which has not been done in the present case. Finally, Ms. Bhuyan has argued that the petitioner is facing certain personal difficulties as a result of which he is unable to shift out of Guwahati at this stage. The learned counsel submits that highlighting the difficulties faced by the petitioner, his wife Smt. Sabita Das had submitted a representation before the departmental Secretary on 25/7/2023 (Annexure-G) but the same has not been considered till today. It is also the submission of Ms. Bhuyan that a premature transfer could not have been effected without the approval of the Chief Minister, Assam.

(3.) By relying upon a decision rendered by the High Court of Judicature at Rajasthan in the case of Smt. Rani Jain Vs. Secretary and Transport Commissioner, Govt. of Rajasthan and others rendered in Civil Writ Petition No.6971/2019 Ms. Bhuyan has argued that an order of transfer, shifting the incumbent out of the home district just before retirement, is liable to be interfered with on such count alone.