Page No.# 1/4 GAHC010192232025 2025:GAU-AS:11587 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4959/2025 SHYAMESWAR MUSHAHARY S/O. LT. GARAN CH. MUSHAHRY, VIL.- NARABARI, P/O. KOKRAJHARP/S, AND DIST. KOKRAJHAR (BTC), ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP BY THE SECRETARY, TO THE GOVT. OF ASSAM, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT ASSAM. UZANBAZAR GUWAHATI-01. 3:THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM PIN-783370 4:THE DISTRICT SOCIAL WELFARE OFFICER CHIRANG DIST. CHIRANG BTC ASSAM PIN-783385 5:THE DISTRICT COMMISSIONER CHIRANG DIST. CHIRANG BTC ASSAM PIN-783385 Page No.# 2/4 6:REJINA SULTANA CHILD DEVELOPMENT PROJECT OFFICER KRISHNAI BAJIJANA ICDS PROJECT P/O. AND P/S. KRISHNAI DIST. GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : MD. A HUSSAIN, MR. K ALOM,MR. T ISLAM,MR H R A CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC. BTC BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 29.08.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A. Hussain, learned counsel for the petitioner; D. Borah, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 & 5; Mr. P. Hazarika, learned counsel representing Mr. S.R. Rabha, learned Standing Counsel, BTC for the respondent nos. 3 & 4. 2. The petitioner is serving in the post of Child Development Project Officer [CDPO]. On 08.01.2024, he was transferred from Sidli-Chirang ICDS Project, Sidli, District – Chirang to Baksa [Muhalpur] ICDS Project Baksa, District – Baksa. As per the Order of Transfer dated 08.01.2024, the petitioner joined in his transferred place of posting. Again on 27.06.2025, the petitioner was transferred again to Sidli-Chirang ICDS Project, District – Chirang. After the Order of Transfer dated 27.06.2025, the petitioner joined as CDPO, Sidli-Chirang ICDS Project, District – Chirang on 07.07.2025. By the impugned Order of transfer dated 19.08.2025, whereby, a number of CDPOs have been transferred, the petitioner has been transferred to Paschim Nalbari ICDS Project, Nalbari and in his place, the respondent no. 6 has been transferred from Krishnai Balijana ICDS Project, District – Goalpara. It is the case of the petitioner that the petitioner has been suffering from various ailments and for his medical treatment, he had to be hospitalized at Kokrajhar and New Delhi in recent times. The Page No.# 3/4 petitioner has stated that he has also suffered a heart-stroke. 3. Highlighting the difficulties he is likely to be visited with if the impugned Order of Transfer is acted upon, the petitioner has submitted a Representation before the respondent no. 1 and the respondent no. 2 seeking consideration of his prayer to remain as CDPO, Sildi- Chirang ICDS Project, District – Chirang. 4. Mr. Borah and Mr. Hazarika, learned counsel for the official respondents have submitted that since the petitioner has already made a Representation before the respondent no. 1, the authority which has issued the impugned Order of Transfer vide Notification No. E- 228651/362 dated 19.08.2025, and the petitioner has represented his grievances regarding his difficulties to join in the new place of posting due to health problems including sufferance of heart-stroke etc., the writ petition can be disposed of with a direction to the respondent no. 1. The learned counsel for the official respondents have submitted that since against the petitioner, another CDPO, that is, respondent no. 7 has been transferred, the Representation needs to be disposed of expeditiously in the interest of public service and administrative exigencies. 5. It has been represented on behalf of the petitioner that the petitioner is still serving as CDPO, Sidli-Chirang, ICDS Project, District – Chirang and the reliever has not yet reported for joining. 6. Having considered the submissions for the learned counsel for the parties, this Court is of the considered view that since it is the discretion of the competent authority to make orders of transfer in the interest of public service and administrative exigencies and on the other hand, the petitioner has projected that he has been suffering from variance health problems including heart-stroke, the competent authority, that is, the respondent no. 1 will be in the best position to consider the Representation of the petitioner, stated to have been submitted before him on 21.08.2025, with utmost expedition, on merits. 7. Accordingly, it is directed that the respondent no. 1 shall take the said Representation of the petitioner on Board and thereafter, to dispose of the same, upon consideration on merits and from the standpoints of public interest and administrative exigencies within a Page No.# 4/4 period of 1 [one] week from today. In view of the submission made on behalf of the petitioner that the petitioner is still at his place of posting and the learned counsel for the official respondents have submitted that they cannot confirm about the same, the status quo as regards the office of the CDPO, Sidli-Chirang ICDS Project, District – Chirang, shall be maintained till the disposal of the Representation within one week, as directed. 8. A copy of this Order is to be furnished to Mr. Borah, learned Junior Government Advocate, Assam for taking necessary steps from his end. JUDGE Comparing Assistant