Rijul Ali v. The State of Assam and 6 Ors

ORDER

09.09.2024 In the instant writ petition, the transfer order dated 12.01.2018 issued by the respondent No.2 has been assailed on the ground that the same has been issued by the authorities only to accommodate the respondent No.7.

¶2Taking note of the grievance expressed by the petitioner, this Court, by order dated 21.03.2018, had passed an interim order directing maintenance of status quo and that is how despite the order dated 12.01.2018, the writ Page No.# 3/3 petitioner has continued to serve in the Dhubguri Sub-Center of Boko Block PHC under the control of the Joint Director of Health Services, Kamrup (R) till date.

¶3Mr. K. Uddin, learned counsel for the petitioner submits that he has not received any instruction from his client.

¶4Be that as it may, since the transfer order under challenge was passed in the month of January, 2018, after a lapse of more than six years, the challenge to the said order on the grounds mentioned in the writ petition would no longer survive.

¶5Ms. D. Borah, learned Standing Counsel, Health and Family Welfare Department, Assam has also submitted that the writ petition has become infructuous and the same be closed.

¶6After considering the nature of grievance expressed in the writ petition and the submissions made by the learned counsel for both the side, this writ petition is being disposed of as infructuous.

¶7Interim order passed earlier shall stand vacated.

¶8It would be open for the respondents to pass fresh order of transfer involving the petitioner and the private respondent, if so advised.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010107232019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/1639/2018 RIJULoALI S/O-oSRIoMAKIBoALI oR/O-oVILL-oMANAHKUCHI oP.O-oMANAHKUCHI oP.S-oHAJO oDIST-oKAMRUP(R) oASSAM oPIN-o781104 oVERSUS THEoSTATEoOFoASSAMoANDo6oORS. REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHEALTHoANDoFAMILYoWELFAREoDEPTT oDISPUR oGUWAHATI-6 2:THEoDIRECTORoOFoHEALTHoSERVICES ASSAM oHENGRABARI oGUWAHATI-o36 oASSAM o3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES KAMRUPo(R) oP.O-oAMINGAON oDIST-oKAMRUP(R) oASSAM o4:THEoJOINToDIRECTORoOFoHEALTHoSEVICES CACHAR oP.O-oSILCHAR Page No.# 2/3 DIST- CACHAR ASSAM 5:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER BOKO BLOCK PHC BOKO DIST- KAMRUP (R) ASSAM 6:THE SUB DIVISIONAL MEDICAL OFFICER HARINAGAR BLOCK PHC P.O- HARINAGAR DIST- CACHAR ASSAM 7:ARJUL HOQUE TALUKDAR S/O- AJIJUR RAHMAN TALUKDAR R/O- VILL- DAMPUR P.O- DAMPUR P.S- HAJO DIST- KAMRUP(R) ASSAM PIN- 781102 ------------ Advocate for : DR. B AHMED Advocate for : SC HEALTH appearing for THE STATE OF ASSAM AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM