MINA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE order under challenge is one dated 6. 2. 2007 passed by the Director of Health Services (FW), Government of Assam, keeping in abeyance the order dated 4. 1. 2007 whereby the petitioner and the respondent No. 4 were transferred to the posts as referred to therein.

(2.) I have heard Mr. A. M. Bujarbaruah, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Standing counsel, Health and Family Welfare Department and Mr. J. Handique, learned counsel for the respondent No. 4.

(3.) THE pleaded versions of the parties would be necessary to better appreciate the submissions made. The petitioner has averred that by order dated 28. 11. 2006 she, a nurse (ANM) under the Director of Health Services (FW), Assam was transferred from Kamakhya State Dispensary to Rangjuli PHC under the Additional Medical and Health Officer, Goalpara vice one Miramayee Kalita, ANM transferred to her place. By a subsequent order dated 4. 1. 2007 the petitioner was transferred and posted at the Panbazar unit under the control of the Additional Chief Medical and Health Officer (FW), Kamrup, Guwahati to replace the respondent No. 4 who was posted to Rangjuli PHC. According to the petitioner, she joined the Panbazar Unit on 5. 1. 2007. While she continued there as such, by the impugned order dated 6. 2. 2007 the order dated 4. 1. 2007 was stayed and the earlier transfer order dated 28. 11. 2006 was resurrected. Apart from contending that the impugned decision has been prompted by political considerations at the instance of the respondent No. 4, the petitioner has pleaded it to be in contravention of the transfer guidelines contained in the Office memoranda dated 4. 2. 2002 and 22. 5. 2002. As her representation dated 8. 2. 2007 before the Director of Health Services (FW), Assam failed to elicit any positive response, the writ jurisdiction of this Court has been sought to be invoked.