PRATUL PATWARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. DK Das, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned Standing Counsel, Water Resources Department as well as Mr. KN Choudhury, learned Senior Counsel assisted by Mr. J. Patowary, learned counsel appearing for the respondent No.4.

(2.) THE petitioner was promoted to the rank of Assistant Executive Engineer, Government of Assam in the year 1997. The petitioner has been working as Assistant Executive Engineer (C), Rangia Water Resources Sub-Division, Rangia since 14.02.2014. While the petitioner was functioning as such, the respondent No. 3 issued a Notification dated 04.02.2016 effecting transfer and posting of various officers under the Water Resources Department, Assam. Therein, the respondent No. 4 was also promoted and appointed to officiate as Assistant Engineer (Civil), Water Resources Department and in the interest of public service was posted as Assistant Executive Engineer (TC), Nalbari Water Resources Division, Nalbari with Head Quarter at Nalbari with effect from the date of taking over charge against existing vacancy. Subsequent to the Notification dated 04.02.2016, the respondent No. 2 issued another Notification dated 26.02.2016 in modification of the earlier Notification dated 04.02.2016 by which respondent No. 4 was posted as Assistant Executive Engineer (C) Rangia with Head Quarter at Rangia with effect from the date of taking charge vice the petitioner transferred. By the same Notification, the petitioner was transferred and posted as Assistant Executive Engineer (TC) Office of the S.E. Haila-kandi Water Resources Circle, Hailakandi with Head Quarter at Hailakandi with effect from the date of taking charge against existing vacancy. Being aggrieved with the transfer effected by the Notification dated 26.02.2016, the petitioner preferred a representation dated 01.03.2016 before the respondent No. 2. Thereafter, the respondents had issued a Notification dated 04.03.2016 partially modifying the earlier Notification dated 26.02.2016 transferring and posting the petitioner from Rangia Water Resources Sub-Division, Rangia as Assistant Engineer (TC), Nagaon Water Resources Division, Nagaon with Head Quarter at Nagaon with effect from the date of taking over charge. Consequent to the Notification dated 04.03.2016, the respondent No. 2 issued a communication dated 04.03.2016 to the petitioner directing him to implement the order of transfer and posting within a week on receipt of the order. The petitioner was further directed to hand over charge within the stipulated time to his reliever. The petitioner again made a representation dated 05.03.2016 before the respondent No. 2 against the Notification dated 04.03.2016 requesting to cancel the said Notification and to consider the request of the petitioner by taking into account his daughter's academic session and also taking the ground that the transfer order was issued without following the necessary guideline and mandates issued by the Government of Assam while effecting a transfer order prior to three years of completion at a place. As his representation was not considered, the petitioner has preferred the present writ petition.

(3.) LEARNED counsel for the petitioner submits that the petitioner has been working at his current place of posting since 14.02.2014 and has completed only two years in the said place of posting. Therefore, the Notification dated 04.03.2016 was issued in violation of the OM dated 06.08.2013 which provides that the normal tenure of posting of an officer in a place of posting should be three years. The impugned Notification dated 04.03.2016 was also issued without assigning any cogent and bona fide reason which is arbitrary and against the principles of natural justice. It is further submitted that the Notification dated 04.03.2016 was not issued in terms of the Election Commission guidelines contained in the communication dated 31.12.2015. It is submitted on behalf of the petitioner that his daughter is in her mid academic session of study pursuing her Higher Secondary Board Assam and the transfer of the petitioner would adversely effect her study and future career. Therefore, the transfer of the petitioner by the Notification dated 04.03.2016 is not in public interest but the same has been issued by taking extraneous consideration which is not tenable in law.