MONTU GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Sahad, learned counsel appears for the petitioner. Also heard Ms. P. Thapa, learned counsel on behalf of Mr. S. Dutta, learned Standing Counsel appears for the P&RD Department and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appears for the respondent no. 2.

(2.) The petitioner before this court was engaged as a casual employee vide the notification No. FEA. 104/2005/11 dt. 26/8/2005. Subsequently, the petitioner was appointed as an Office Assistant on casual basis and posted at Dulakakharia Gaon Panchayat. He was allowed to draw a fixed pay/remuneration at the rate of Rs.15,900.00 (Fifteen Thousand Nine Hundred) with dearness allowances (D/A) and Medical Allowances (M/A) of Rs.600.00 (six hundred) per month subject to recommendation of the Pay Commission. The petitioner joined as an Office Assistant as a casual employee at Dulakakharia Gaon Panchayat under Nazira Development Block and he has been working since 10/1/2020 till date. It is stated in the writ petition that the petitioner is holding the post of Office Assistant (casual) which is a non sanctioned post. By office Order vide the Memo No. SZP-7/Confdl./2023/36 dtd. 15/6/2023, the Deputy Commissioner, Sivasagar issued transfer orders transferring and posting the employees named therein from their places of posting to other places under the Sivasagar Zila Parishad for smooth functioning of the Gaon Panchayat works. In the said order the petitioner's name was also included and he was transferred from Dulakakharia Gaon Panchayat to Amguri Development Block which is located approximately 50 Kms away from his present place of posting. It is stated in the affidavit that this order was issued confidentially and was not communicated to the petitioner officially. Consequently, the petitioner was unaware about this transfer from one block to another. Subsequently, on making enquiries the petitioner received a copy of the order of transfer after one month 10 days later. Being aggrieved, the petitioner filed a representation addressing to the Deputy Commissioner, Sivasagar for stay/cancellation of the transfer order dtd. 15/6/2023 citing his ill health and ailments as he was suffering from Arthritis (Severe) and lumbar Spondylitis since long and consequently stated his inability to travel to distant places as it is likely to hamper his medical treatment. The said representation however remained pending and no order on the said representation, if passed, by the respondent authority was ever communicated to the writ petitioner.

(3.) The learned counsel for the petitioner submits that the order of transfer was kept confidential and as soon as he made an enquiry he was issued a Show Cause Notice dtd. 18/7/2023 asking him to explain within 3 (three) days, to the Chief Executive Officer Sivasagar Zila Parishad as to why administrative action will not be taken for alleged disobedience to the order of the Deputy Commissioner, Sivasagar for not joining at Amguri Anchalik Panchayat. The said Show Cause Notice was numbered as Memo No. SZP-7/Confdl./2023 dtd. 18/7/2023. In response to the Show Cause Notice issued to him, the petitioner submitted his reply on 27/7/2023, citing reasons related to his ill health and ailments, duly supported by relevant medical documents. It was further stated in the reply that the order of transfer was not communicated to him and he had received the said order after 1 (one) month 10 days from his colleague. It was further stated that the petitioner suspects his transfer to be actuated by malice, as he had raised objections to certain irregularities in the execution of government schemes undertaken by the Dulaka-kharia Gaon Panchayat, and had disclosed that the manner in which the works were carried out was contrary to the prescribed rules. Pursuant to his reply submitted, he also filed several representations dtd. 22/8/2023, 12/9/2023 and 14/9/2023 to the concerned authorities for stay of his transfer but the authorities concerned did not consider redress his grievances.