PARTHA SARATHI PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment dated 29. 5. 2003 passed by the learned Single Judge in W. P. (C) No. 2883 of 2002 dismissing the petitioner's prayer to quash the Government order of stay of transfer order dated 17. 4. 2002 and allow him to take over the charge of Senior Medical Officer of Kalain C. H. C. , Cachar District as per orders dated 7. 1. 2002 and 19. 3. 2002, is impugned in this appeal.

(2.) THE facts in brief, for the disposal of this appeal are that the appellant and the private respondent No. 5, Shri Badal Das, are Senior Medical Officers of the Government of Assam, Health and Family Welfare Department. The appellant, after serving at different places, was posted at Kalain C. H. C. , Cachar District as Senior Medical Officer vide Government order dated 7. 1. 2002. The said order was later on partially modified before his joining at that place, by a subsequent order dated 19. 3. 2002 thereby transferring the private respondent No. 5 at Nilambazar P. H. C. , Karimganj from Kalain C. H. C. , Cachar District. In view of the another Government order dated 20. 3. 2002, the appellant was to move first for taking over the charge of senior Medical Officer, Kalain C. H. C. , Cachar District from the private respondent No. 5. On 23. 3. 2002 the appellant reported to the Superintendent in-charge, Kalain C. H. C. for taking over the charge but the same could not be effected as the private respondent No. 5 was on Casual Leave from 21. 3. 2002 to 25. 3. 2002 with station leaving permission. On 21. 3. 2002 the private respondent No 5 submitted a representation to the State Government for cancellation of the subsequent modified transfer order dated 19. 3. 2002 on the ground of illness. The situation being as such, the appellant could not take over the charge of senior Medical Officer of Kalain C. H. C. On the other hand, the private respondent No. 5 challenged the said transfer order dated 19. 3. 2002 before the High Court in W. P. (C) No. 2079 of 2002 and the same was disposed of on 27. 3. 2002 directing the State-respondents to dispose of the representation submitted by the private respondent No. 5 within a period of two weeks and till then the private respondent No. 5 was allowed to serve at his place of posting. The Government, as directed by the Court, considered the representation of the private respondent No. 5 and decided to stay the transfer of the private respondent No. 5 and accordingly the modified transfer order relating to the transfer of private respondent No. 5 was stayed vide order dated 17. 4. 2002. The said order of stay dated 17. 4. 2002 was the main subject matter challenged by the appellant in W. P. (C) No. 2883 of 2002.

(3.) THE learned Single Judge vide interim order dated 8. 5. 2002 ordered that the transfer order of the appellant dated 19. 3. 2002 shall not be disturbed and he shall be allowed to continue his service as senior Medical Officer at Kalain until further orders of the Court. The interim order was extended from time to time. Finally, the learned Single Judge, after hearing both the parties and taking into consideration of the documents produced, dismissed the writ petition by leaving the transfer matter of the appellant at the discretion of the State Government directing to pass appropriate orders within two months, vide judgment dated 29. 5. 2003. Hence, this appeal.