SMT LILY LALLOMI NAMPUI v. THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL, AND 3 ORS
WP(C)/7388/2025 · 2025-12-18
Nelson Sailo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 27214 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27214 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010281432025
2025:GAU-AS:17693
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7388/2025 SMT LILY LALLOMI NAMPUI D/O DAVID SINGA NAMPUI, PRESENT RESIDENT OF GOLDLAND, NEAR POWER HOUSE, HAFLONG, NORTH CACHAR HILLS, ASSAM, PIN 788819 VERSUS THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL, AND 3 ORS REPRESENTED BY ITS CHIEF EXECUTIVE MEMBER, HAFLONG, DISTRICT DIMA HASAO, ASSAM, PIN 788819.
2:THE PRINCIPAL SECRETARY (N) NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG PRIMARY EDUCATION DEPARTMENT DISTRICT DIMA HASAO PIN 788819.
3:THE DISTRICT PRIMARY EDUCATION OFFICER NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT DIMA HASAO ASSAM PIN 788819.
4:THE CIRCLE INSPECTOR OF SCHOOLS BORAIL CIRCLE. O/O DISTRICT PRIMARY EDUCATION DEPARTMENT N.C. HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT DIMA HASAO ASSAM PIN 78881
Page No.# 2/3 Advocate for the Petitioner : MR. B BARUAH, I L NGAMLAI Advocate for the Respondent : SC, N C HILLS,
BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 19.12.2025 Heard Mr. B. Baruah, learned counsel for the petitioner and Ms. P. Seiye,
learned counsel for the respondent No.1.
2. Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this stage.
3. It is the case of the petitioner that she is a L.P School Teacher and she was working as such at Longma-II L.P School under the Jatinga Circle. Vide
order dated 29.11.2024 (Annexure-G), the petitioner was transferred and posted to Pangmol L.P School under the Borail Circle by the respondent No.3. The petitioner accordingly joined the new place of posting. After serving for about one year to the place she was posted, the petitioner has encountered some difficulties on account of marital discord with her husband. She is now living with her four year old son whom she has to look after whereas her school is located at a distance of about 40 to 50 kilometres away from her residence. Based with such a situation, the petitioner submitted her representation before the District Primary Education Officer, NC Hills, Haflong (respondent No.3) and also to the Circle Inspector of Schools, Borail Circle (respondent No.4) seeking transfer and posting to a place near her residence in view of the difficulties faced by her. Despite the same, since the representation has not been considered, the petitioner is before this Court.
Page No.# 3/3
4. Mr. B. Baruah, learned counsel for the petitioner submits that as per the Assam Elementary and Secondary School Teachers (Regulation of Posting and Transfer) Act, 2020 (in short Act of 2020) and more particularly, under Section 10, there are certain grounds provided for seeking transfer. He submits that the case of the petitioner squarely covered by ground Nos.10(c) (d) and (f). He therefore submits that the respondent authorities may consider the case of the petitioner in terms of the said provision in view of the practical difficulties faces by the petitioner.
5. Having regard to the submissions made by the learned counsel for the petitioner, the materials available on record and importantly the pending representation before the respondent Nos. 3 and 4, the writ petition is
disposed of by directing the respondent No.3 to consider the representation submitted by the petitioner by passing a reasoned and speaking order in the light of the provisions of the Act of 2020 and also in view of the fact that she is facing some difficulties in the home front.
6. Such consideration be done within a period of one month from the date of receipt of a certified copy of this order.
7. With the above observations and direction, the writ petition is disposed of.
JUDGE Comparing Assistant