SAMSUL HUSSAIN Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) Heard Mr. S.B. Rahman, learned counsel for the petitioner as well as Ms. A. Verma, learned counsel for Respondent Nos. 1, 2 and 3. Also heard Ms. S. Sarma, learned counsel representing Respondent No. 4.

(2.) The transfer of the petitioner as Treasury Officer to Maibong Sub Treasury at Dima Hasao District is the bone of contention in the present proceedings. The said transfer was made by Notification dated 23.07.2015 issued under the hand of the Secretary to the Government of Assam, Finance (Estt.-B) Department. Interference of the transfer order is sought primarily on the ground that the 11 year old son of the petitioner is physically impaired and suffers from Locomotor disability to the extent of 80%. The petitioner contends that as a care giver of the disabled child his displacement to Maibong from Guwahati would operate as a hindrance in the rehabilitation process of the child. On this ground a prayer is made for exempting the petitioner from the routine exercise of transfer from Guwahati to Maibong. In support of his contention, the petitioner relies upon the Office Memorandum dated 06.06.2014, issued by the Government of India in the Ministry of Personnel, Public Grievance and Pensions which sets out the policy of the Government of India with regard to posting of Government employees who have differently abled dependants. The petitioner submits that although this Office Memorandum of the Government of India has not been adopted by the State of Assam, at least the spirit of the said Notification/Office Memorandum can well be taken into consideration while posting the petitioner to another place out of Guwahati.

(3.) In the earlier round of litigation i.e. WP(C) 4812/2015 the said order of transfer was also put to challenge. A clear stand was taken by the State Respondents to the effect that the aforesaid Office Memorandum dated 06.06.2014 was yet to be adopted by the Government of Assam and, as such, the policy laid down in the said Memorandum cannot come to the aid of the petitioner. The writ petition was disposed of permitting the petitioner to make a fresh representation before the Secretary to the Government of Assam, Finance Department with further direction to the authority concerned to dispose of the same by a speaking order. Until disposal of the representation, the operation of the Transfer Order dated 23.07.2015 was directed to be kept in abeyance, in so far as the petitioner was concerned.