Page No.# 1/4 GAHC010006072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/166/2025 DEBADUTTA BARMAN S/O LATE DHIRENDRA KUMAR BARMAN, RESEARCH OFFICER, O/O THE BRAHMAPUTRA BASIN ORGANISATION (BBO), MIDDLE BRAHMAPUTRA DIVISION (MBD), CENTRAL WATER COMMISSION, ADABARI, GUWAHATI- 26 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF JAL SHAKTI, DEPARTMENT OF WATER RESOURCES, RD AND GR (ESTABLISHMENT XI), NEW DELHI-110011 2:THE UNDER SECRETARY MINISTRY OF JAL SHAKTI DEPARTMENT OF WATER RESOURCES RD AND GR (ESTABLISHMENT XI) ROOM NO. 725 (N) SEWA BHAWAN R.K. PURAM NEW DELHI-110066 3:THE CHIEF ENGINEER MIDDLE BRAHMAPUTRA DIVISION CWC ADABARI GUWAHATI-26 4:THE EXECUTIVE ENGINEER MIDDLE BRAHMAPUTRA DIVISION CWC ADABARI Page No.# 2/4 GUWAHATI-26 5:DR. JAKIR HUSSAIN RESEARCH OFFICER PRESENTLY POSTED AT RM WING CWC HQ NEW DELHI-11006 Advocate for the Petitioner : MR. A R TAHBILDAR, MS. K DEKA Advocate for the Respondent : DY.S.G.I., MR. S S ROY (C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.06.2026 Heard Mr. AR Tahbildar, learned counsel for the petitioner. Also heard Mr. SS Roy, learned CGC for the respondents. 2. This writ petition is filed by the petitioner challenging the transfer order dated 26.07.2024, where the name of the petitioner appeared at Serial No.9, issued by the respondent no.2 transferring the petitioner from BBO, Guwahati to LGBO, Patna under Annual rotation Transfer, 2024. The petitioner is serving as a Research Officer under the department of Central Water Commissioner under the Ministry of Jal Shakti. The petitioner has agitated before the Court that he is a care giver of one intellectually disabled child who is 3 to 4 years old. It is the grievance of the petitioner that the authority did not take into account the Page No.# 3/4 condition of his son and accordingly, rejected his representation. 3. This Court had issued notice and the petitioner was granted interim relief by order dated 24.01.2025. The petitioner has also placed a copy of the disability certificate of his son issued by the Joint Director, Health Services Kamrup, Guwahati where his son, namely, Jian Barman who is shown to be aged about 3 years, has been diagnosed with Global Developmental Delay (ASD), which is shown to be 80%. It is also shown that the Disability Certification is to be done at the age of 5 years whereas the petitioner’s son is only 3 years now. Learned counsel for the petitioner has also placed before the Court the order dated 03.06.2026 whereby the appropriate authority has recommended to cancel the earlier transfer posting order of the petitioner 4. In that view of the matter, nothing survives in the writ petition an accordingly, the writ petition stands dismissed as infructuous. Interim order if any stands vacated. Pending interlocutory application if any stands dismissed. Needless to say that if the authorities contemplate to transfer the petitioner then the appropriate due consideration be given to the OM dated 08.10.2018 which provides for exemption from care giver of dependent child who is suffering from specified disabilities, and also keeping in view the provisions of the Rights of Persons within Disabilities Act, 2016. The authorities will also Page No.# 4/4 consider the certificate issued by the Senior Medical Officer, Joint Director Health Services, Kamrup dated 05.03.2025 while taking into account the care required to be given to the son of the writ petitioner because of the disabilities he suffers. 5. Copies of the cancellation of transfer order dated 03.06.2026 as well as the Medical Certificate dated 05.03.2025 issued in respect of the son of the writ petitioner is kept on the part of the records. JUDGE Comparing Assistant