Arline Rongpharpi v. The State of Assam and 3 Ors

ORDER

21.03.2024

Heard Mr. B. Sinha, learned counsel for the petitioner. Also heard Mr. V. Rajkhowa, learned Standing Counsel, Co-operation Department. Having regard to the nature of the case projected, the writ petition is taken up for disposal at this stage. By filing this writ petition the petitioner has sought for interference of this Court in the transfer order dated 25.02.2024 (Annexure-7) by which she has been transferred from the Office of the ARCS, Guwahati to the Office of the ARCS, Nagaon. The petitioner has also been released by order dated

15.03.2024. It is the case of the petitioner that with great difficulty she has now conceived by resorting to IVF and that the impugned transfer order has been issued while she is on leave. The petitioner contends that because of her present medical condition, if she is asked to join the new place of posting, the procedure of IVF availed by her will be frustrated. Hence, the petitioner prays for interference of this Court on the impugned transfer order dated 25.02.2024. It is seen that the petitioner has submitted her representations on

27.02.2024 (Annexure-9) and 14.03.2024 (Annexure-10) before the Principal Secretary, Co-Operation Department. But according to the petitioner, those representations have not been considered and disposed of by the said authority. Considering the same this Court is of the opinion that the writ petition need not be kept pending any longer and it is accordingly disposed of by directing the Page No.# 3/3 Principal Secretary, Co-Operation Department i.e. the respondent no.1 to consider the representations of the petitioner filed on 27.02.2024 and

14.03.2024 wherein, she has highlighted her medical condition for recalling the transfer order dated 25.02.2024, within a period of 10 (ten) days from the date of receipt of a certified copy of this order and till the representations are considered and disposed of, status quo as on today shall be maintained.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010060002024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1656/2024o ARLINEoRONGPHARPIo W/O-oSHEMIMoAHMEDoLASKAR,o PANJABARIoROAD,o6THoMILE,o GUWAHATI,oDIST.-oKAMRUP(M),o ASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o COOPERATIONoDEPTT.,oDISPUR,o GUWAHATI-6. 2:THEoREGISTRARoOFoCOOP.oSOCIETIES oASSAM oGUWAHATI-22. 3:THEoASSTT.oREGISTRARoOFoCOOP.oSOCIETIES oGUWAHATI oKAMRUP(M) oASSAM. 4:THEoASSTT.oREGISTRARoOFoCOOP.oSOCIETIES oNAGAON oASSAMo AdvocateoforotheoPetitionerooooo:oMRoBoSINHAo AdvocateoforotheoRespondento:oSC,oCOoOPoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO