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2025 DAILYLAW 16603 (GAU)

SRI SAJU KUMAR JADAV v. THE STATE OF ASSAM AND ANR.

WP(C)/4183/2025 · 2025-07-29

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010164572025 2025:GAU-AS:9783 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4183/2025 SRI SAJU KUMAR JADAV S/O DULAL CHANDRA GHOSE, M.SC, DEPUTY DIRECTOR, IN THE OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION, ASSAM, R/O HOUSE NO.19, SOUTH BYE LANE NO. 2, LACHITNAGAR, GUWAHATI, KAMRUP (M), ASSAM, PIN-781007. VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI, ASSAM, PIN-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH,MR. S SUTRADHAR Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 30-07-2025 Heard Mr. B Purkayastha, learned counsel for the petitioner and Ms. P Das, learned Standing Counsel, Secondary Education Department. Page No.# 2/3 2. Having regard to the nature of case projected by the petitioner, the writ petition is disposed of at the motion stage itself. 3. The petitioner, who is working as Deputy Director in the office of the Director of Secondary Education, Assam was given a transfer order, vide notification dated 27.03.2025 transferring him as District Elementary Education Officer (DEEO), Biswanath in the interest of public service. 4. Aggrieved with the same, the petitioner submitted his representation on 01.04.2025 before the Secretary, Government of Assam, Department of School Education citing various domestic problems faced by him. The petitioner also made a request that he may be instead posted either to Baksa, Barpeta or Kokrajhar so that he can be near his aged and ill health parents. Pursuant thereto, the respondent authority concerned, vide notification dated 22.07.2025 in supersession of the earlier transfer order posted the petitioner as DEEO at South Salmara (Mankachar) district w.e.f. taking over charge. 5. It is the case of the petitioner that even South Salmara (Mankachar) is situated in a great distance from his hometown and he will not be in a position to look after his aged parents, who are having serious ailments. The petitioner therefore submitted his representation to the senior-most Secretary to the Government of Assam, Department of School Education on 23.07.2025 praying for stay of his transfer to South Salmara (Mankachar) on the grounds mentioned in the said letter. However, since the same has not been considered, the petitioner is before this Court. Page No.# 3/3 6. Mr. B Purkayastha, learned counsel for the petitioner submits that the limited prayer of the petitioner, at this stage is for a direction to the respondent authorities concerned to consider the representation submitted by the petitioner on 23.07.2025 for being posted in any other place which is near to his hometown, in view of the difficulties faced by him in his homefront. 7. Ms. P Das, learned Standing Counsel, Secondary Education Department submits that she has no objection to such prayer. 8. In view of above, the writ petition is disposed of with a direction to the respondent authority concerned, more particularly respondent No. 1 to consider the representation of the petitioner dated 23.07.2025 and to dispose of the same by way of a speaking order within a period of 10 (ten) days from the date of receipt of a certified copy of this order. The petitioner shall serve a certified copy of this order to the respondent No. 1 within 3 (three) days. 9. Till his representation is disposed of, the petitioner shall be allowed to remain in his present place of posting. 10. The writ petition is disposed of accordingly. JUDGE Comparing Assistant