RABINDRA NATH BARMAN Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) The writ petition, in essence, is a challenge to the order of transfer, whereby the petitioner i.e. Rabindra Nath Barman was posted against the vacant post of Deputy Registrar, Gauhati High Court, Itanagar Permanent Bench, Naharlagun in the usual scale of pay and other allowances as admissible under the Rules. This was done vide Notification dated 22.08.2013, issued under the hand of the Registrar General, following the order of the Hon'ble Chief Justice of Gauhati High Court by powers conferred under Article 229 of the Constitution of India. At the relevant time, the petitioner was serving as the Deputy Registrar (PM and P) in the Principal Seat of the Gauhati High Court in Guwahati. Pursuant to release order dated 23.08.2013, the petitioner joined at Itanagar Permanent Bench on 30.08.2013. The three-fold prayer made in the writ petition is (i) for quashing the aforesaid two Notifications dated 22.08.2013 and 23.08.2013, (ii) for counting his service as Deputy Registrar in the Itanagar Permanent Bench towards his seniority in the cadre of Deputy Registrar in the Principal Seat of the Gauhati High Court, and (iii) for constitution of Review DPC or DPC for considering his promotion to the post of Joint Registrar in the Principal Seat of the Gauhati High Court against the resultant vacancy arising on the retirement of one Smti. Ranjushree Kalita.

(2.) This writ petition was assigned to this Bench as per order of the Hon'ble Chief Justice dated 20.04.2016. Initially, during the hearing of the writ petition in the year 2016, the core challenge to the transfer order was on the issue as to whether inter-cadre transfer, not intra-cadre transfer, on permanent basis is permissible in law, when such transfer offends Article 14 and 16 of the Constitution of India to the extent of affecting length of service, denial of promotional prospects, withholding of increments and being fret with other penal consequences. However, during the present hearing of the writ petition in November, 2019, the challenge on the issue of the legality and validity of the transfer order on ground of the same being in the nature of inter-cadre transfer, thus impermissible in law, was somewhat mollified.

(3.) Before proceeding further, it is to be borne in mind that for the purpose of this case, we are primarily concerned with the service rules called the Gauhati High Court Services (Appointment, Conditions of Service and Conduct) Rules, 1967, as amended.