Gauhati High Court
Abdus Sattar vs Abdul Mannan And 4 Ors on 18 December, 2019
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
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GAHC010276622019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 3662/2019
1:ABDUS SATTAR
DIST. PROJECT ENGINEER, BAKSA, R/O VILL. HASILAPARA, P.O. AND P.S.
GOALPARA, DIST. GOALPARA, ASSAM, PIN 783101
VERSUS
1:ABDUL MANNAN AND 4 ORS
S/O LATE SAHED ALI MUNSHI, R/O WARD NO. 4, VILL. TENGNAMARI, P.O.
AND P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN 7833
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM
SARVA SHIKSHA ABHIYAN
KAHILIPARA
GUWAHATI 19
ASSAM.
3:THE MISSION DIRECTOR
SARVA SHIKSHA ABHIYAN
ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE DIST. MISSION CO ORDINATOR
SARVA SHIKSHA ABHIYAN
GOALPARA 781001
ASSAM.
5:THE DIST. MISSION CO ORDINATOR
SARVA SHIKSHA ABHIYA
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CHIRANG 783385
ASSAM
Advocate for the Petitioner : MR H DAS
Advocate for the Respondent : MR. B D KONWAR SR. ADV.
Linked Case : WP(C) 7843/2019
1:ABDUL MANNAN
S/O LT. SAHED ALI MUNSHI
R/O WARD NO. 4
VILL. TENGNAMARI
P.O. ABHAYAPURI
P.S. ABHAYAPURI
DIST. BONGAIGAON
PIN-783384
ASSAM
PH. NO. 8638345265
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
SARVA SHIKSHA ABHIYAN
KAHILIPARA
GUWAHATI-781019
ASSAM
2:THE MISSION DIRECTOR
SARVA SHIKSHA ABHIYAN KAHILIPARA
GUWAHATI-781019
ASSAM
3:THE DISTRICT MISSION CO-ORDINATOR
SARVA SHIKSHA ABHIYAN
GOALPARA-783101
ASSAM
4:THE DISTRICT MISSION CO-ORDINATOR
SARVA SHIKSHA ABHIYAN
CHIRANG-783385
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ASSAM
5:ABDUS SATTAR
DIST. PROJECT ENGINEER
BAKSA
R/O VILL. HASILAPARA
P.O. AND P.S GOALPARA
ASSAM
PIN-783101
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : SC
SSA
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 18-12-2019 Heard Mr. B. D. Konwar, learned Senior counsel appearing for the petitioner. Also heard S. P. Bhattacharjee, learned Standing counsel, Sarva Shiksha Abhiyan (SSA), Assam, appearing for respondent Nos. 1 to 4 as well as Mr. H. Das, learned counsel appearing for respondent No. 5.
2. The petitioner is serving as the District Project Engineer under SSA, Assam, at Goalpara. In this writ petition, the petitioner has put to challenge the order dated 16.10.2019, issued by the Mission Director, SSA, Assam, by which the petitioner has been transferred and posted at SSA, Chirang.
3. Learned Senior counsel for the petitioner submits that the impugned transfer order has been issued not in public interest but merely to accommodate respondent No. 5, who had been earlier transferred to Chirang vide order dated 09.09.2019 (Annexure-1), which he did not comply with.
4. On the other hand, learned counsel for respondent No. 5 submits that the petitioner cannot have any grievance with regard to the order of his transfer since the order was passed after the petitioner had served more than three years in Goalpara, i.e., the place of his posting from where he has been transferred to Chirang vide the impugned order.
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5. Countering the above submission of the learned counsel for respondent No. 5, learned Senior counsel for the petitioner submits that serving of three years in a place of posting cannot be a ground of transfer of the petitioner since there are many other employees who have stayed for more than three years in their respective places of posting.
6. However, during the course of the proceeding it has been agreed to by the learned counsel for the petitioner as well as for respondent No. 5 that this Court may direct the respondent No. 2, namely, Mission Director, SSA, Assam, to pass a fresh order as regards transfer/posting of the petitioner as well as respondent No. 5 to resolve the stalemate after hearing them.
7. Accordingly, the writ petition is disposed of by directing the respondent No. 2 to pass appropriate order afresh regarding posting of the petitioner and the respondent No. 5 after hearing both the petitioner as well as respondent No. 5 so that functioning of the SSA is not affected because of pendency of the writ petition. Such fresh order of transfer/posting of the petitioner and the respondent No. 5 shall be issued by the respondent No. 2 within a period of 8 (eight) weeks from the date of receipt of a certified copy of this order by the respondent No. 2.
8. However, until such fresh order of transfer/posting of the petitioner as well as respondent No. 5 is issued, the interim order passed earlier on 25.10.2019 directing to maintain status quo will continue.
JUDGE Comparing Assistant