Page No.# 1/4 GAHC010078552025 2025:GAU-AS:4673 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2053/2025 ABDUL AHAD S/O- LATE MOLAI MIYA , R/O- MIRADAGIRPAR, P.O AND P.S- NILAMBAZAR , DIST- SRIBHUMI , ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY , TO THE GOVERNMENT OF ASSAM , PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT , JURIPAR, PANJABARI, GUWAHATI-781037 2:THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PANJABARI GUWAHATI-781037 3:THE COMMISSIONER TO THE GOVT. OF ASSAM COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 781037 4:THE JOINT DIRECTOR O/O THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 78103 Page No.# 2/4 Advocate for the Petitioner : MS. J GHOSH, MR. JUNM LASKAR Advocate for the Respondent : SC, P AND R.D., BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 11.04.2025 Heard Mr. R Mazumdar, learned counsel for the petitioner. By filing this Writ Petition, the petitioner has put to challenge the order dated 02.04.2025 passed by the Commissioner, P&RD, Government of Assam whereby, as many as 19 employees have been promoted to the post of Head Assistant of Zila Parishad and transferred and posted to different places, in the interest of public service. The petitioner is transferred from Badarpur Chaitanya Nagar, Badarpur to Golaghat district. The case of the petitioner is that initially he was appointed as Junior Assistant and thereafter, promoted to the post of Senior Assistant and by the impugned order, as Head Assistant of the Zila Parishad. The petitioner contends that he is a physically challenged person who is having difficulty in his movement. Therefore, transfer of the person from Badarpur Chaitanya Nagar Anchalik Panchayat under Sribhumi Zila Parishad to Golaghat Zila Parishad which is more than 1000 kms from the present place of posting which would cause hardship to the petitioner being a 60% physically challenged person (Orthopedics). The transfer to such a far away place will cause inconvenience to the petitioner and therefore, submits that the impugned order, so far as it relates to transfer and posting, may be interfered with. Ms. J Bora, learned counsel appearing on behalf of Mr. S Dutta, Page No.# 3/4 submits that since the impugned order is basically a promotion order from the post of Senior Assistant to the post of Head Assistant of Zila Parishad and the common transfer order is consequential to the promotion, there is no infirmity in transferring the petitioner on promotion. Therefore, no interference is called for. Having considered the submissions of learned counsel for the parties and also on perusal of the materials including the impugned order dated 02.04.2025, this Court is not inclined to interfere with the impugned transfer order as the impugned order is essentially a transfer on promotion from the post of Senior Assistant to the post of Head Assistant of Zila Parishad of the petitioner along with 18 others. It is settled proposition of law that transfer and posting is an incidence of service, the employees does not have any indefeasible right to be posted at a particular place of his own choice. The claim of the petitioner being 60% physically challenged person (Orthopedics), is a matter to be considered by the respondent authorities and this Court could not embark on such issue as to whether the transfer of the petitioner would really cause inconvenience and hardship. While not interfering with the impugned order dated 02.04.2025, considering that the petitioner has filed a representation before the Commissioner, P&RD Department, Government of Assam for reconsideration of his transfer from Badarpur Chaitanya Nagar Anchalik Panchayat under Sribhumi Zila Parishad to Golaghat Zila Parishad by order dated 05.04.2025, it is provided that the respondent authorities, particular Commissioner, P&RD Department, Government of Assam, shall consider and dispose of the representation of the petitioner within a period of 20 days from today. Page No.# 4/4 The petitioner is granted liberty to submit additional relevant documents, if any, before the appropriate authority for reference. Writ Petition stands disposed of. JUDGE Comparing Assistant