SHIVAPADA BHATTACHARJEE Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) Petitioner and fourth respondent are Executive Engineers in the Public Works Department, Assam. Fourth respondent was on long leave. Petitioner has been working at Silchar since and of 1991. By Annexure V order dated 11.3.1993 fourth respondent on expiry of leave has been posted at Silchar vice petitioner, who is transferred and posted as Executive Engineer J (Mechanical), office of the Chief Engineer, PWD, Assam at Guwahati. This order is being challenged.

(2.) Learned Single Judge before whom the writ petition came up passed an interim order staying the operation of transfer order. Fourth respondent filed an application for vacating the interim order. Learned Single Judge declined to vacate the order. Fourth respondent thereupon filed Writ Appeal No. 99 of 1993 and when the writ appeal came up for consideration it was suggested at the Bar that we could dispose of the writ petition itself. All the parties agreed to the suggestion. That is how the writ petition has come before us.

(3.) Petitioner joined service as Assistant Engineer in 1970. He worked at Tezpur till about the end of 1974 when he was transferred to Silchar as Sub-Divisional Officer (Mechanical). He worked in Silchar for about nine years and in Oct., 1983 was transferred to Nagaon and in his place fourth respondent was posted. On 31.10.1986 petitioner on promotion as Executive Engineer was posted at Nagaon itself. On 10.10.1988 he was transferred to Abhayapuri. On 15.11.1991 he was transferred to Silchar and in his place fourth respondent was posted. It appears that there was some difficulty in taking over charge from fourth respondent and petitioner assumed charge unilaterally on the direction of the Government on 11.12.1991. Fourth respondent joined at Abhayapuri on 21.12.1991 and went on leave with effect from 1.1.1992. Leave was extended for over 14 months at the end of which when he was to rejoin, he was posted at Silchar and petitioner was transferred from Silchar to Guwahati by Annexure V order. There is no dispute that fourth respondent has been working as Executive Engineer continuously at Silchar from Oct., 1983 for over eight years consecutively till Dec., 1991. Petitioner has worked for about eight years and odd continuously as Assistant Engineer at Silchar till Oct., 1983. It appears petitioner belongs to Silchar while fourth respondent's father-in-law belongs to Silchar.