Md. Ful Miah and 9 Ors v. The State of Assam and 2 Ors

ORDER

29.08.2023

Heard Shri F.Z. Mazumder, learned counsel for the petitioners. Also heard Shri T.C. Chutia, learned Addl. Senior Government Advocate appearing for all the respondents. Page No.# 4/5 Considering the subject matter of this writ petition and also the nature of relief claimed, the same is taken up for disposal at the admission stage itself. The petitioners are presently working as an Armed Branch (AB) Constable under the Assam Police. The Assam Police has two different Branches, namely, Armed Branch (AB) Constable and Un-Armed Branch (UB) Constable. Shri Mazumder, the learned counsel for the petitioners has submitted that each year when the vacancies of Un-armed Branch Constable are filled up, 25 % of the same are allowed to be transferred from the Armed Branch in accordance with seniority and the other procedure laid down in the Rules. It is the case of the petitioners that though they had submitted applications for their transfer to the Un-armed Branch, those applications have not been considered in the proper perspective. The learned counsel accordingly submits that a suitable direction is required to be given to consider the cases of the petitioners for their transfer from Armed Branch to Un-armed Branch. Shri Chutia, the learned Addl. Senior Government Advocate in his usual fairness has submitted that the exercise for transfer from Armed Branch to Un-armed Branch is done by following the Rules in which seniority plays a major part. He submits that the criteria followed is Seniority-cum-Merit and if the petitioners fit in the said criteria, their cases would definitely be considered. He however submits that in the previous exercises for such transfer, there was no deprivation as such of the petitioners as there were senior persons above them. The learned State Counsel however is not opposed to the proposal of this Court that a direction for their consideration may be granted for filling up of the vacancies in the next exercise if they otherwise meets the eligibility criteria. In view of the aforesaid facts and circumstances and the broad consensus arrived at in the Bar by the learned counsel for the parties, the instant writ petition is Page No.# 5/5 disposed of by directing the consideration of the cases of the petitioners for their transfer from Un-armed Branch to Armed Branch which however has to be done strictly in accordance with the Rules and the criteria laid down for such transfer. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010033392023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1081/2023o MD.oFULoMIAHoANDo9oORSo S/O-oALAUDDINoSK.,o VILL-oJORDANGAoBARMANPARA,o P/OoANDoP/S-oMANKACHAR,o DIST.-oDHUBRIo(ASSAM). 2:oAKTARoHUSSAIN oS/O-oSIDDIKoALI o VILL-oSONARIGAON o P/O-oSONARIGAON o DIST.oNAGAON oASSAM. 3:oKISHOREoDAS oS/O-oKANTIoBUSHANoDAS o RESIDENToOFoBHANGAoBAZAR o P/O-oKANKALASH o PS-oBADARPUR o DIST.-oKARIMGANJ oASSAM. 4:oINTIAZoALIoLASKAR oS/O-o VILL-oBHAKATPURo(KATHALoROAD) o P.O.-oBHAKATPUR oPS-oSILCHAR PageoNo.#o2/5 o DIST.-oCACHAR oASSAM. 5:oRUSHONoAHMEDoBARBHUIYA oS/OoNURULoHQoBARBHUIYAo VILL-oBHAKATPURo(KATHALoROAD) o P.O.-oBHAKATPUR o PS-oSILCHAR oDIST.-oCACHAR o ASSAM. 6:oSUKUMARoSINGHA oS/O-oBIRoKUMARoDAS o VILL-oRENGTIoBOSTI o PO-oJAIFORPUR oPS-oSILCHAR o DIST.-oCACHAR oASSAM. 7:oDILIPoKR.oDAS oS/O-oLT.oMOHANoLALoDAS o VILL.oRATANPUR o PO-oBOSANGAR oCACHAR. 8:oNAZRULoISLAMoBARBHUIYA oS/O-oAZIRoUDDINoBARBHUIYA o VILL.oANDoP.O.-oGANIRGRAMoPT-2 o DIST.-oCACHAR. 9:oATULoCHANDRAoDAS oVILL.-oNIT oCAMPUS oP.S.-oSILCHAR oDIST.-oCACHAR. 10:oALOKoSARKAR Page No.# 3/5 S/O- LT. RANJIT KR. SARKAR R/O- AMBICAPATTY SUBHASHNAGAR P.S.- SILCHAR DIST.- CACHAR VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ( DEPARTMENT OF HOME), DISPUR, GUWAHATI-6, ASSAM. 2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI ASSAM. 3:THE INSPECTOR GENERAL OF POLICE(A) ASSAM ULUBARI GUWAHATI Advocate for the Petitioner : MR F Z MAZUMDER Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI