SUJATA BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Date 14-11-2019 Heard Mr. G. Chamuah, learned counsel for the petitioner and Mr. M. Nath, learned Standing Counsel, Panchayat and Rural Development Department for the respondent Nos. 1, 3 and 5.

(2.) The petitioner is a Gaon Panchayat Coordinator in Madhya Mahura Gaon Panchayat under the Chief Executive Officer, Golaghat Zilla Parishad, Golaghat, serving on contractual basis since March, 2016 by signing the contractual agreement on 26.02.2016.

(3.) It is stated that she has a suckling baby and said Rongamati Koiborto Gaon Panchayat is more than 30 kms away from Madhya Mahura Gaon Panchayat. It is also placed before the Court that the respondents in the Panchayat and Rural Development Department framed a policy for transfer of its employees, being Office Memorandum No. PDA.3592016101 dated 04.02.2019 and the Commissioner and Secretary, Panchayat and Rural Development, Assam by his communication under No. CPRD1620197-A dated 12.09.2019 communicated all the Chief Executive Officers of Zilla Parishads that the Chief Executive Officer of such Zilla Parishad shall not issue any transfer and posting order in respect of provincialised Panchayat employees in general and particularly Gaon Panchayat Secretaries, Block Staffs and all contractual employees under their respective jurisdiction without prior approval from the authorities of the Commissioner, Panchayat and Rural Development, Assam. In the said communication dated 12.09.2019, the Commissioner and Secretary, Panchayat and Rural Development, Assam also clarified that the Government have constituted a committee regarding transfer and posting of Panchayat employees and Block Staffs working in the Development Blocks (Anchalik Panchayats and Gaon Panchayat) under the chairmanship of the Commissioner, Panchayat and Rural Development, Assam.