NAKUL CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner, a driver with the Directorate of Health Services, Assam (hereafter for short referred to as the 'directorate'), has challenged his order of transfer therefrom to the establishment of the Joint Director, Health Services, Nalbari, by the order dated 27. 08. 2007, of the Director of Health Services, Assam. This Court on the date of motion by order dated 17. 09. 2007, having regard to the post that the petitioner holds and the pleaded stand that he had not been released pursuant to the order impugned, stayed the operation thereof, till the next date fixed. The learned Standing counsel, Health and Family Welfare Department, Assam, has produced the records along with the parawise comments. The learned counsel for the parties, therefore, have been heard and this petition is being disposed of at the motion stage.

(2.) I have heard Mr. P. Upadhaya, learned counsel for the petitioner and Ms. A. Verma, learned Standing counsel, Health and Family Welfare Department, Assam.

(3.) IT is the petitioner's case that he joined the Officer of the Joint Director, Health Services, Kamrup as a driver on 23. 09. 1981 and on his transfer in the year 1994, was posted in the Office of the Director of Health Services, Assam, Guwahati, where he has been serving till date. He has claimed that he has been rendering his services to the satisfaction of all concerned. His wife is also serving in the Gauhati Medical College and Hospital, Assam as a Grade-IV employee and, therefore, both of them are in the rolls of the Department of Health and Family Welfare, Government of Assam. By the impugned order as above, he has been transferred to Nalbari and on the receipt thereof, he approached the Directorate of Health Services, Assam and requested him to withdraw the same, highlighting his personal difficulties. The petitioner has referred to the Office Memorandum No. ABP 246/84/pt. 1/8, dated 21. 05. 1987, of the Personnel (B) Department, Government of Assam, which he construes to require both the spouses, in the same State service to be posted at the same station. The petitioner has indicated that in case, the respondents insist to transfer him, his wife should also be posted along with him at the same place. He has mentioned about his wife's illness demanding constant medical attention. It has been alleged that the impugned order has been passed to accommodate another driver in his post and that the arrangement has been effected on political interventions.