Dipanjali Das v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010014042023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/348/2023o DIPANJALIoDASo W/O-oSHRIoDIBYAJYOTIoDAS,oR/O-oVILL-oGAURISAGAR,oP.O.oGAURISAGAR, DIST.-oSIVASAGAR,oASSAM,oPIN-o785664 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoITSoSECY.oTOoTHEoGOVT.oOFoASSAM,oCULTURALoAFFAIRSoDEPTT.,o ASSAM,oJANATAoBHAWAN,oDISPUR,oGHY-06 2:ADDL.oSECRETARY oTOoTHEoGOVT.oOFoASSAM oCULTURALoAFFAIRSoDEPTT. oJANATAoBHAWAN oDISPUR oGHY-06 3:DIRECTORoOFoLIBRARYoSERVICES oI/C oASSAM oGHY 4:DY.oCOMMISSIONER oDIBRUGARH oDISTRICToANDoP.O.oDIBRUGARH oASSAMoPIN-o786001 5:DEIZEEoSINGHoPEGU oLIBRARYoASSISTANT oDISTRICToLIBRARY oDIBRUGARHoDISTRICToANDoP.O.oDIBRUGARH oASSAMoPIN-o786001 Page No.# 2/3 6:SHARI FARUK HUSSAIN TALUKDAR SANTI PATH DARANDHA SIXMILE P.O. KHANAPARA P.S. DISPUR GHY PIN NO. 78102 Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : SR. GA, ASSAM

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

30.01.2023 Heard Mr. B. K. Das, the learned counsel for the petitioner and Ms. M. D. Borah, the learned counsel appearing on behalf of the respondent Nos.1 to 4. The instant writ petition has been filed challenging the order of transfer dated 19.12.2022 by which the petitioner who was the District Librarian, District Library, Dibrugarh was transferred and posted as District Librarian, District Library, North Lakhimpur against the existing vacancy with immediate effect. This Court, on the earlier occasion, had recorded in its order dated

27.01.2023, the instructions which was produced by the counsel representing the State respondents to the effect that the petitioner was posted at the District Library, Dibrugarh and has been working there since 2020 and has already completed more than two years. It was further recorded that the petitioner was transferred to the District Library, North Lakhimpur where the post of District Librarian was vacant and, as such, the order of transfer was not illegal, arbitrary and unreasonable or punitive. Further to that, it was also mentioned that the order has been passed only as a routine government order. It is also relevant to take note of that the learned counsel for the State respondents has produced the Office Memorandum dated 06.08.2013 whereby the policy in the Office Page No.# 3/3 Memorandum dated 12.11.2009 was substituted and the period of three years was reduced to period of two years. Under such circumstances, this Court is of the opinion that the question of exercising judicial review in the present facts and circumstances of the instant case does not arise. The learned counsel for the petitioner has submitted that the petitioner would join the post of District Library, North Lakhimpur within 7 (seven) days from today and taking into account the medical ailments of the petitioner, the petitioner be permitted to file a representation to the concerned State Authorities so that the said Authorities can take a considerate view of the matter. Taking into account the said submission made by the learned counsel for the petitioner to the effect that the petitioner would be joining the post in pursuance to the transfer order dated 19.12.2022 within 7 (seven) days from today, the petitioner is given the liberty to submit a representation before the respondent No.2 ventilating her grievances and her difficulties against the transfer order and the respondent No.2 shall, on such representation so filed, take a considerate view of the matter taking into account the medical ailments of the petitioner and pass a reasoned order in that regard. It is further directed that the respondent No.2 shall pass the said reasoned order within a period of 30 (thirty) days after receipt of the representation along with a certified copy of this order. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant