MAKIBAR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. J. Patowari for the petitioner. Also heard Mr. D. Saikia, learned Additional Advocate General, Assam, assisted by Mr. D. Upamanyu, appearing for the respondent Nos.1, 2, 3, 4 and 5 and Mr. S.B. Sarma, learned counsel, appearing for the respondent No.6.

(2.) By an order dated 13.04.2017 (Annexure-3 of the writ petition) passed by the Additional Chief Secretary to the Government of Assam, Labour and Welfare Department, Guwahati, the petitioner, who was holding the post of Assistant Labour Commissioner, Guwahati, was transferred to Nagaon. By the said order, the respondent No.6, who was holding the post of Assistant Labour Commissioner, attached to Head Quarter, Guwahati, was transferred as Assistant Labour Commissioner, Guwahati and she was also allowed to hold the charge of Assistant Labour Commissioner, Head Quarter. By the aforesaid order, some other persons in the rank of Assistant Labour Commissioner and Labour Inspector were also transferred. Against the said order dated 13.04.2017, the petitioner had submitted a representation dated 18.04.2017 (Annexure-4 of the writ petition) to the Additional Chief Secretary to the Government of Assam, Labour and Welfare Department, Dispur, Guwahati.

(3.) As the said representation was not attended to, the petitioner had approached this Court earlier by filing a writ application, which was registered as WP(C) No.2429/2017 and this Court, by an order dated 26.04.2017, disposed of the writ petition at the motion stage itself, directing the competent authority to dispose of the representation dated 18.04.2017 by a speaking order, and providing further that till a decision is taken on the representation, the transfer order dated 13.04.2017 shall not be enforced against the petitioner. Subsequently, an order dated 07.06.2017 (Annexure-7 of the writ petition) was passed by the Additional Chief Secretary to the Government of Assam, Labour and Welfare Department, whereby the representation of the petitioner was not favourably considered and he was directed to join in his new place of posting as Assistant Labour Commissioner, Nagaon.