ATINDRA KUMAR ADHIKARI (DR.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 22.7.2016 passed in appellant's WP(C) No.588/2016 to the extent the learned Single Judge of this High Court has remanded the matter to the Secretary, Health & Family Welfare Department, for a fresh consideration.

(2.) The appellant was posted as Principal-cum-Chief Superintendent at Assam Medical College & Hospital, Dibrugarh for more than 4 years. The State Government, therefore, vide order dated 1.4.2015, transferred him in the same capacity to Gauhati Medical College & Hospital, Guwahati, in place of Respondent No.4, who, in turn, was transferred by another order of the same date to Fakruddin Ali Ahmed Medical College & Hospital, Barpeta. At that time, Respondent No.3 was posted as Principal-cum-Chief Superintendent of Fakruddin Ali Ahmed Medical College & Hospital, Barpeta and to complete the chain, he, by another order of the same date, was transferred in place of the appellant at Dibrugarh.

(3.) Since Respondent No.4 was to retire from service on 31.1.2016 and had hardly 9 months of service left, he challenged his transfer order dated 1.4.2015 in WP(C) No.1944/2015 from Guwahati to Barpeta and a learned Single Judge of this Court by an interim order stayed the transfer of Respondent No.4. During the hearing of said writ petition, issue relating to holding of the post of Director of Medical Education, Assam on In-charge basis by Respondent No.3 got intertwined which led to filing of two more writ petitions relating to filling up of the post of Director of Medical Education in accordance with the provisions of Assam Medical Education Service Rules, 2008. All the writ petitions were later finally disposed of by a common order dated 31.8.2015 whereby issue regarding transfer of Respondent No.4 was remanded to the Health and Family Welfare Department for a fresh consideration. By that order, the learned Single Judge also quashed the appointment of Respondent No.3 as In-charge Director of Medical Education. The order dated 31.8.2015 was challenged in Writ Appeal by Respondent No.3, which was finally disposed of by a Division Bench with a slight modification that till filling up the post of Director of Medical Education on regular basis, he shall be allowed to continue as In-charge.