Page No.# 1/4 GAHC010094262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2560/2025 RATI KANTA ROY SON OF LATE PURENDRA ROY, R/O WARD NO.5, BHAKARIVITA, BONGAIGAON TOWN, P.O. AND DISTRICT- BONGAIGAON, PIN - 783380 VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, SHASTRI BHAWAN, NEW DELHI-110001, INDIA. 2:INDIAN OIL CORPORATION LIMITED A GOVT. OF INDIA UNDERTAKING HAVING ITS CORPORATE OFFICE AT INDIAN OIL BHAVAN G-9 ALI YAVAR JUNG MARG BANDRA (EAST) MUMBAI-400051 3:THE GENERAL MANAGER HUMAN RESOURCE DEPARTMENT INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY UNIT DHALIGAON BONGAIGAON ASSAM PIN - 783385. 4:THE DEPUTY GENERAL MANAGER HUMAN RESOURCE DEPARTMENT INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY UNIT DHALIGAON Page No.# 2/4 BONGAIGAON ASSAM PIN - 783385 5:THE EXECUTIVE DIRECTOR INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY UNIT DHALIGAON BONGAIGAON ASSAM PIN -783385 6:THE CHIEF MANAGER (HSE-MEDICAL) INDIAN OIL CORPORATION LIMITED BONGAIGAON REFINERY UNIT DHALIGAON BONGAIGAON ASSAM PIN - 78338 Advocate for the Petitioner : MR. B J GHOSH, MR. T SK Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 16.05 .2025 Heard Mr. B.J. Ghosh, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned CGC for the respondent No.1. This writ petition is filed by the petitioner who is a Senior Office Superintendent-IX in the Bongaigaon Refinery & Petrochemicals Ltd. which is a non-technical Post and by the impugned order dated 17.01.2025 the petitioner has been transferred from non-technical post to technical post. Being aggrieved the petitioner has approached this Court. Page No.# 3/4 It is the submission of the learned counsel for the petitioner that as per the standing orders applicable to the respondent authority, Clause-11 specifically provides for transfer in a manner where the employees are not adversely affected in their pay, grade, continuity, conditions of service etc and also the job should be of similar nature he is capable of doing. It is submitted that although the order reflects that the post in which the petitioner is working has been redesignated as Industrial Hygienist-IX in his existing scale of pay but it is a technical post for which the petitioner does not have the required qualifications. It is further submitted that by the subsequent order dated 22.01.2025 the petitioner has been released from his present place of posting namely Human Resource Department with immediate effect. Being aggrieved the petitioner has approached the authority by filing a proper representation dated 21.01.2025. It is submitted that since he has a particular skill set and the same is not suitable for the post in which he has been transferred or shown to be redesignated, it is bound to affect the conditions of service as well as the nature of job is not similar to the job in which the petitioner had been rendering earlier. The representation although filed on 21.01.2025 has not yet been disposed of. The limited prayer before this Court is that the respondents be directed to dispose of the representation dated 21.01.2025. Having heard the learned counsel for the parties and considering the limited prayed made in the writ petition and also in view of the averments made in paragraph 15 of the writ petition that the letter issued by the petitioner to the Deputy General Manager of Human Resource Department to reconsider the case having not yet been considered, this Court is of the view that at this stage the Page No.# 4/4 writ petition can be disposed of with a direction to the respondent authority to examine the claim of the petitioner as reflected in the representation dated 21.01.2025 (Annexure J) and thereupon pass the appropriate speaking order. This order is passed by closing the present writ petition without expressing anything on the merits of the case. The direction has been issued to examine the matter and consider the claims raised by the petitioner on merits by the authority concerned and thereafter pass a speaking order as expeditiously as possible and a copy of this order thereof should also be served on the writ petitioner. This order is directed to be carried out by the respondent No. 4. Let this order be carried out and speaking order be issued within a period of 30(thirty) days from the date of receipt of certified copy of this order. The petitioner will furnish a copy of the writ petition along with the enclosures as well as certified copy of this order before the respondent No.4. Status quo be maintained till the direction is carried out in terms of the order of this Court. JUDGE Comparing Assistant