MAHESWAR DOLEY Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. A.K. Goswami, learned senior counsel appearing for the appellant. Also heard learned counsels appearing for the respondents.

(2.) This intra court appeal is filed against the judgment and order dated 17.2.2009 in WP(C) No. 5410/08, whereby the writ petition filed by the appellant has been dismissed on the ground that the challenge in the writ petition pertains to a transfer order, which cannot be a subject matter of a judicial determination.

(3.) The writ petitioner who was serving as the Administrative Officer in the Directorate of Agriculture, Assam since Aug. 2004 approached the writ court to challenge the order dated 16.12.2008 whereby, inter alia, the writ petitioner was transferred and posted in the vacant post of Administrative Officer in the Directorate of Sericulture, and the respondent No. 5 Kumud Chandra Bhattacharjee on promotion was posted in the post of Administrative Officer held by the writ petitioner. Under rule 6 of the Assam Directorate Establishment (Ministerial) Service Rules, 1973 ('the Rules') respondent No. 5 was appointed to the post of Administrative Officer, in the Directorate of Agriculture.