Azmal Haque v. The State of Assam and Ors

ORDER 01-05-2024 Heard Shri A. K. Azad, learned counsel for the petitioner. Also heard Shri M. Bhuyan, learned Standing Counsel, Health Department. The present writ petition has been filed challenging an order dated

12.01.2018 by which the petitioner was transferred from Darani Sub Centre of Agia Block PHC under Joint Director of Health Services, Goalpara to Badarpur Sub-Centre of Borkhola Block PHC under Joint Director of Health Services, Cachar. The petitioner is working as a Multi Purpose Worker (Male) and submits that such transfer is not permissible. Page No.# 3/3 This Court has however noted that while issuing notice vide order dated

02.12.2019, an interim order was passed. In the meantime, more than 4 years have elapsed. In view of the above, this Court is of the view that the impugned order of transfer dated 12.01.2018 has otherwise been rendered infructuous. The writ petition accordingly stands disposed of. However, it is made clear that the petitioner would have liberty to challenge any fresh order of transfer, if made.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010290242019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o LinkedoCaseo:oWP(C)/811/2018 AZMALoHAQUE S/O.oSRIoSAMADoALI oVILL.oKALARTOP oP.O.oBATAHIDIA oP.S.oSUWAIKUCHIoRIVER oDIST.oKAMRUPo(R) oASSAM oVERSUS THEoSTATEoOFoASSAMoANDoORS. REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAMoHEALTHoANDo FAMILYoWELFAREoDEPTT. oDISPUR oGHY. 2:THEoDIRECTOR HEALTHoSERVICESoASSAM oHENGARABARI oGUWAHATI oASSAM o3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES GOALPARA oP.O.oANDoDIST.oGOALPARA oASSAM o4:THEoJOINToDIRECTORoOFoHEALTHoSERVICES CACHAR oP0.O.oSILCHAR oDIST.oCACHAR oASSAM Page No.# 2/3 5:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER AGIA BLOCK PHC AGIA GOALPARA. 6:THE SUB DIVISIONAL MEDICAL OFFICER BORKHOLA PHC P.O. BORKHOLA DIST. CACHAR ASSAM. 7:MOONJUR ALOM MULTI PURPOSE WORKER (MALE) NOTICE TO BE SERVED THROUGH THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER AGIAL BLOCK PHC AGIA P.O. AGIA DIST. GOALPARA ASSAM ------------ Advocate for : MR K UDDIN Advocate for : SC HEALTH & F W appearing for THE STATE OF ASSAM AND ORS. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI