Page No.# 1/4 GAHC010211562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5506/2025 JITANJALI ISLARY W/O- SANJIT KR. BASUMATARY VILLAGE- ODALGURI, P.O. BHALUKMARI, DIST. KOKRAJHAR, (BTC), ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED 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 783370 4:THE DISTRICT SOCIAL WELFARE OFFICER KOKRAJHAR P.O. AND DIST. KOKRAJHAR BTC ASSAM. PIN. 783370. 5:THE DISTRICT COMMISSIONER KOKRAJHAR DIST.- KOKRAJHAR BTC ASSAM Page No.# 2/4 PIN - 783370 6:KRISHNA SARANIA CHILD DEVELOPMENT PROJECT OFFICER BORDOLNI ICDS PROJECT P.O.- BORDOLONI DIST.- DHEMAJI ASSAM PIN - 78702 Advocate for the Petitioner : MD. A HUSSAIN, MR. P K ROYCHOUDHURY,J RAHMAN,MR. T ISLAM,MR. K ALOM Advocate for the Respondent : GA, ASSAM, SC, BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.09.2025 Heard Mr. PK Roy Choudhury, learned counsel for the petitioner. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate, for the respondents no. 1 & 2 and Mr. B. Chowdhury, learned Standing Counsel, BTC. 2] The petitioner is presently serving as the Child Development Project Officer (CDPO) at Kokrajhar ICDS Project. By the impugned order dated 19.08.2025 the petitioner has been transferred and posted at Golokganj ICDS Project, Dhubri. Earlier she was posted at Kokrajhar from Dotma ICDS Project, Kokrajhar by order dated 28.10.2024 and subsequently, within a span of 10 (ten) months she was again transferred to Golokganj ICDS Project, Dhubri by the impugned order dated 19.08.2025. Learned counsel for the petitioner submits that she is Page No.# 3/4 suffering from health issues and requires frequent medical care and supervision. In support of his contentions, learned counsel for the petitioner has referred to the copies of the medical documents enclosed to the writ petition. 3] Learned counsel for the petitioner submits that she had filed a representation on 29.08.2025 requesting the authority not to transfer her from the present place of posting in view of the grounds urged, more particularly, because of her health issues. However, this representation remained pending and no order has been passed on the same. Being aggrieved, the present writ petition has been filed. 4] Mr. TC Chutia, learned Additional Senior Government Advocate, Assam appearing for the respondents no. 1 & 2 strongly objects to the prayer made by the petitioner. It is submitted that the transfer is a necessity of service and no malice has been attributed by the authorities. The petitioner is only transferred to a place which is about 70 kilometers away and therefore, no hardship will be caused to the petitioner to look after her health from a new place of posting. 5] Mr. B Chowdhury, learned Standing Counsel, BTC submits that No Objection Certificate (NOC) has been obtained from the BTC authorities in respect of the officers working in the BTC area and whose names appear in the common transfer order dated 19.08.2025 in which the petitioner’s name appeared at serial no.14. The petitioner is also working in an ICDS project within the BTC Page No.# 4/4 area. 6] Considering the submissions made by the learned counsel for the parties and taking into consideration the concerns raised in respect of her health in the representation dated 29.08.2025, this Court is of the view that the writ petition can be closed at this stage without issuing notice to the respondents with a direction to the Secretary to the Government of Assam, Women and Child Development Department to expeditiously consider and dispose of the representation dated 29.08.2025, which is shown to have been received by the authorities on 07.09.2025 and thereafter, pass appropriate orders thereon. This representation shall be disposed of as expeditiously as possible, preferably, within the outer limit of 10 (ten) days from the today. Till the disposal of the representation dated 29.09.2025 by a speaking order, the impugned order dated 19.08.2025 in so far as the writ petitioner is concerned, whose name appeared at the serial no.14 shall not be given effect to. It is needless to say that a copy of the speaking order shall be served on the writ petitioner. 7] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant