Md. Ainul Haque v. The State of Assam and 3 Ors

ORDER Date : 22-10-2024 Heard Mr. S. Dey, learned counsel for the writ petitioner. Also heard Mr. R.R. Gogoi, learned standing counsel, PHE Department, Assam who has produced a copy of the order dated 01-10-2024 issued by the Chief Engineer, (PHE), Water, Assam, which goes to show that the transfer order dated 16-09-2024 pertaining to the writ petitioner under challenge in this writ petition, has since been modified and the petitioner has been posted as Sr. Assistant in the office of the Executive Engineer, PHE, Rangia against an existing vacancy. Mr. Dey submits that the petitioner would challenge the order dated 01-10-2024 by filing appropriate proceeding. Be that as it may, by the order dated 03-10-2024 passed in this proceeding the respondents were granted liberty to modify the transfer order dated 16-09-2024 by taking note of the submission of the learned departmental counsel that the petitioner is likely to be posted at Rangia in modification of the transfer order dated 16-09-2024. If that be so, this Court is of the opinion that no live issue survives for adjudication in this writ petition. As such, by granting liberty to the petitioner to assail the order dated 01-10-2024, if so advised, this writ petition stands closed.

Page No.# 3/3 JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010209852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5204/2024o MD.oAINULoHAQUEo S/O.oSRI.oNAZIMUDDINoAHMED,oR/O.oBARNAGARoBANEKUCHI,oP/S.o NALBARI,oDIST.-oNALBARI,oASSAM,oPIN-781340. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERMENToOFoASSAM,oPHE DEPARTMENT,oASSAMoSECRETARIAT,oDISPUR,oGUWAHATI,oASSAM.oPIN- 781006 2:THEoCHIEFoENGINEER oWATER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oHENGRABARIoHEALTHoCOMPLEX oHENGRABARIoROAD oGUWAHATI oASSAM oPIN-781036. 3:THEoEXECUTIVEoENGINEER oNALBARIoDIVISION oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oNALBARI oASSAM. 4:THEoEXECUTIVEoENGINEER oSOUTHoSALMARAoMANKACHARoDIVISION oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oHATSINGIMARI oASSAM oPIN-7831354o Page No.# 2/3 Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM