Azmal Haque v. The State of Assam and 6 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. 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 Page No.# 3/3 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 CaseoNo.o:oWP(C)/8767/2019o AZMALoHAQUEo S/O-oSRIoSAMADoALI,oR/O-oVILL-oKALARTOP,oP.O.oBATAHIDIA,oP.S.o SUWALKUCHIoRIVER,oDIST-oKAMRUPo(R)oASSAM,oPIN-o781137 VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oHEALTHoANDo FAMILYoWELFAREoDEPTT.,oDISPUR,oGHY-6 2:THEoDIRECTORoOFoHEALTHoSERVICES oASSAM oHENGARABARI oGHY-36 oASSAM 3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oGOALPARA oP.O.oGOALPARA oDIST-oGOALPARA oASSAM oPIN-o783101 4:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oTINSUKIA oP.O.oTINSUKIA oDIST-oTINSUKIA oASSAM oPIN-o786125 5:THEoSUB-DIVISIONALoMEDICALoANDoHEALTHoOFFICER oAGIAoBLOCKoPHC Page No.# 2/3 AGIA GOALPARA PIN- 783120 6:THE SUB-DIVISIONAL MEDICAL OFFICER KETETONG PHC P.O. KETETONG DIST- TINSUKIA ASSAM PIN- 786181 7:THE GOVT. OF INDIA REP. BY THE SECY. MINISTRY OF HEALTH AND FAMILY WELFARE DEPTT. NIRMAN BHAWAN NEW DELHI- 11000 Advocate for the Petitioner : DR. B AHMED Advocate for the Respondent : SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI