Page No.# 1/5 GAHC010220482025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5777/2025 JITANJALI ISLARY WIFE OF SANJIT KR BASUMATARY, VILLAGE ODALGURI, BHALUKMARI, KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, WOMEN AND CHILD DEVELOPMENT DEPARTMENT , DISPUR, GUWAHATI 2:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT ASSAM UZANBAZAR GUWAHATI-01 3:THE PRINCIPAL SECRETARY 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 Page No.# 2/5 ASSAM. PIN. 783370 6:KRISHNA SARANIA CHILD DEVELOPMENT PROJECT OFFICER BORDOLONI ICDS PROJECT P.O. BORDOLONI DIST. DHEMAJI ASSAM PIN-78702 Advocate for the Petitioner : MD. A HUSSAIN, MR. K ALOM,MR. P K ROYCHOUDHURY Advocate for the Respondent : GA, ASSAM, SC. BTC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 26-09-2025 Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner. Also heard Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate appearing for the respondent nos.1, 2 and 5 and Mr. S. Bora, learned standing counsel for the respondent nos. 3 and 4. 2. In view of the nature of order proposed to be passed, issuance of notice on the respondent no.6 is dispensed with. 3. In brief the case of the petitioner is that by an order dated 28.10.2024 bearing no. BTC/SW-54/2009/Pt-I/90-A issued by the Secretary, BTC, the petitioner was transferred from the post of CDPO, Dotma, ICDS Project, Kokrajhar to the post of CDPO, Kokrajhar, ICDS Project as the incumbent at the ICDS project, Kokrajhar was due to retire on 31.10.2024. 4. Thereafter, by notification under No. E-228651/362 dated 19.08.2025, 23 CDPOs were transferred including the petitioner who appears at Sl. No.14 on Page No.# 3/5 the said notification. Therefore, the petitioner had submitted a representation dated 29.08.2025 to the Secretary to the Govt. of Assam, Women and Child Development Department, against the said transfer. However, the said representation was rejected vide letter No. E-228651/433 dated 18.09.2025, stating that the prayer for modification of the transfer order dated 19.08.2025 has been regretted. 5. It is projected that without having notice of the said letter dated 18.09.2025, the petitioner had approached this Court by filing WP(C) 5506/2025, and this Court by order dated 19.09.2025 had directed the respondent authorities to dispose of the representation dated 29.09.2025 by a speaking order. By referring to the case of Union of India v. Ibrahimuddin, 2012 (8) SCC 148, it is submitted that the said order dated 18.09.2025 did not contain any reason and accordingly this writ petition has been filed by the petitioner. 6. The learned standing counsel for the BTC has supported the order dated 18.09.2025 by stating that the said order was passed prior to the order passed by this Court on 19.09.2025. The said submission was also endorsed by the learned Addl. Senior Govt. Advocate. 7. Be that as it may, having seen that the order dated 18.09.2025 by which the modification of the transfer order was rejected does not contain any reason, the Court is inclined to allow the writ petition at the motion stage without issuance of notice on the respondent by providing that on receipt of a certified copy of the order from the learned Addl. Senior Govt. Advocate, the Joint Secretary to the Govt. of Assam, Women and Child Development Department shall once again take up the representation of the petitioner dated 29.08.2025 and pass a speaking order for disposal of the representation of the Page No.# 4/5 petitioner dated 29.08.2025 (Annexure-8 to the writ petition). 8. Taking note of the ensuing Durga Puja festivities, the Court is inclined to provide that on the next working day after the State Holidays for Durga Puja, the petitioner shall submit a certified copy of the order in the Office of the Secretary to the Govt. of Assam, Women and Child Development Department along with a copy of petitioner’s representation dated 29.08.2025. The authority competent to dispose of the said representation shall make an endeavour to dispose of the said representation within 2(two) weeks thereafter. 9. The petitioner shall also provide her e-mail address while submitting a copy of the representation through which the order passed by the competent authority shall be transmitted and communicated to the petitioner. 10. Till the disposal of the representation dated 29.08.2025 by passing a fresh order, the impugned notification dated 19.08.2025 shall not be given effect to in respect of the petitioner, whose name appears at Sl. No.14. 11. It is made clear that this order shall not affect any other transfer made vide notification dated 19.08.2025. 12. The learned Addl. Senior Govt. Advocate shall also transmit a downloaded copy of this order to the Women and Child Development Department, Govt. of Assam to bring the order to the notice of the said authorities. 13. Accordingly, the said writ petition stands disposed of at the motion stage, without issuance of notice on the respondents. Page No.# 5/5 JUDGE Comparing Assistant