KANAK CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Dinesh Kumar Mishra, learned Senior counsel, assisted by Mr. Jyotirmoy Roy, learned counsel for the petitioner. Also heard Mr. Buddha Gogoi, learned Standing counsel, Health and Family Welfare Department for the respondent Nos. 1 to 7 and Mr. Bhaskar Dev Konwar, learned Senior counsel, assisted by Ms. Jyotimala Konwar, learned counsel for the respondent No. 8.

(2.) Issue involved in this writ petition is as to whether the Notification No. HLB.544/2018/15 dated 18.11.2019 passed by the State Government in the Health and Family Welfare Department, in the interest of public service transferring the respondent No. 8, Dr. Atul Mahanta, Professor, Department of Forensic Medicine, Assam Medical College and Hospital, Dibrugarh and posting him against a vacant post at Gauhati Medical College is arbitrary or not.

(3.) The petitioner, namely, Kanak Chandra Das is a Doctor by profession and since 1987, he is working under the Health and Family Welfare Department of the State. By a Notification dated 09.02.2011 the State Government in the said Health and Family Welfare Department promoted the petitioner to the post of Professor along with six others and posted him at Jorhat Medical College and Hospital at Jorhat and since 04.03.2011 he is serving in the said College at Jorhat. Presently, the petitioner is the Professor and Head of the Department of Forensic Medicine (F&SM) at Jorhat Medical College and Hospital, Jorhat.