MONTOSH MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Nath, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned Addl. Advocate General for the state respondent.

(2.) The petitioner is an Orthopaedically physically handicapped person, inasmuch as, his muscles in his right leg from hip to toe are weak. Accordingly, a certificate of handicap has been issued by the Chief Medical Health Officer, Dibrugarh on 14.06.1982. On 12.11.1992, the petitioner was appointed as a Work Charged Khalasi and he was posted in the Office of the Asstt. Engineer, E & D Division, Dibrugarh. Although, it is stated that the petitioner was discharging his duty to the utmost sincerity and honesty, but the respondent authorities disputes the same and states that the petitioner was irregular in his duty. Be that as it may, by an order of 29.11.2000 of the respondent No.4, the petitioner was transferred from his posting at Dibrugarh to Doomdooma E & D Sub-Division.

(3.) Against the said order of transfer, it is stated that the petitioner continued to submit representation after representation without complying with the order of transfer. It is stated by Mr. Goswami, learned Addl. Advocate General that after the order of transfer, the petitioner was released from Dibrugarh, but he had not joined at Doomdooma. It is stated that the petitioner continued to submit representation from the period 29.11.2000 upto 16.08.2002, when he had moved this Court by way of a writ petition being WP(C) No.5055/2002, wherein an interim order of status quo was passed. The writ petition WP(C) No.5055/2002 was disposed of by the order dated 16.08.2002, wherein, it was provided that the petitioner would submit a representation as regard his inability to perform his duty at Doomdooma in view of the fact that he is a physically handicapped person and upon such representation being submitted, the authorities would give a due consideration to it. By the said order of 16.08.2002, the order of status quo was also maintained till an appropriate consideration of his representation is made.