Gauhati High Court
Hemalata Baishya vs The State Of Assam 4 Ors on 31 August, 2020
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010111652020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3281/2020
1:HEMALATA BAISHYA
W/O SRI DINESH PATGIRI
PERMANENT RESIDENT OF VILLAGE DHAMDHAMA, PO NIZ
DHAMDHAMA, PS GHAGRAPAR, DIST NALBARI, ASSAM 781349
VERSUS
1:THE STATE OF ASSAM 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERRNMENT OF ASSAM, HANDLOOM TEXTILES AND SERICULTURE
DEPARTMENT, GOVT. OF ASSAM,DISPUR, ASSAM ,SECRETARIAT
,GUWAHATI 6
2:THE DIRECTOR
HANDLOOM AND TEXTILES ASSAM
AAMABARI GUWAHATI 1
3:THE ASSISTANT DIRECTOR
HANDLOOM AND TEXTILES DARRANG
MANGALDAI
ASSAM 784125
4:THE SUPERINTENDENT
HANDLOOM AND TEXTILES
HANDLOOM PRODUCTION CENTRE(HPC) DHAMDHAMA
NALBARI
ASSAM 781349
5:SHRI DHIREN DEKA
DEMONSTRATOR
HANDLOOM TRAINING CENTRE
SONOWA
UNDER THE ASSTT
DIRECTOR
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HANDLOOM AND TEXTILES
DARRANG
MANGALDAI
781349
RESIDENTIAL ADDRESS
VILLAND POO CHANDKUCHI
PS NALBARI
ASSAM 78133
Advocate for the Petitioner : MR. S SARMA
Advocate for the Respondent : MR R DHAR
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 31-08-2020 Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned standing counsel for the Handloom and Textiles Department of the Govt. of Assam.
The petitioner Smti. Hemalata Baishya who was serving as a Demonstrator at HPC Dhamdhama under the Office of the Superintendent of Handloom & Textile HPC Dhamdhama was transferred and posted at HTC Dhamdhama under the Office of the Assistant Director, Handlood & Textile, Darrang, Mangaldai and in her place Shri Dhiren Deka was transferred.
The said order of transfer has been assailed in this petition on the ground of it having been passed in violation of the Office Memorandum dated 06.08.2013. It has been pointed out that as per the Office Memorandum the government officials i.e. officers and staffs are normally to be transferred only upon completion of three years of service at a particular place posting. But in respect of officers, there is an exception that they may be transferred before completion of the three years, but it has to be done with proper justification and ground and after obtaining the approval of the Chief Minister.
Subsequently, as regards officers, it was modified and provided that if an officer is transferred before completing two years, the requirement of proper justification and approval of the Chief Minister would be required.
Mr. S. Sarma, learned counsel urges upon the ground that the petitioner is a staff and not an officer and therefore, the provision as regards effecting a transfer before completing a tenure of two years or three years at a given place by giving proper justification and obtaining approval of the Chief Minister would not be applicable and in fact she cannot be transferred prior completing three years at a particular place.
We are convinced that the contention raised requires an examination and therefore, a prima facie case may have been made out for an interim order.
Page No.# 3/3 But Mr. R. Dhar, learned standing counsel for the Handloom and Textile Department points out that the order of transfer is dated 18.06.2020 and in the meantime the other person Shri Dhiren Deka has already joined in the transfered place of posting.
Mr. S. Sarma, learned counsel responds to the said contention by the stating that the petitioner immediately after the order of transfer had went on leave for two months and after completing the leave period has now approached the Court.
The intervening conduct of the petitioner in not approaching the Court at the earliest and instead going on leave for two months had caused the balance of convenience to be against her as well as irreparable loss would be done to the other person Shri Dhiren Deka if we now stay the order of transfer.
Accordingly, the interim prayer for staying the order of transfer dated 18.06.2020 stands rejected.
Issue notice, returnable on 08.10.2020. Extra copies to the learned counsel within seven days.
Steps on the respondent No.5 by registered post within seven days.
List on 08.10.2020.
JUDGE Comparing Assistant