Page No.# 1/4 GAHC010003352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/103/2025 BIMAL DULAKASHARIA S/O- LATE GOPAL DOLAKASHARIA, RESIDENT OF VILLAGE- BOKANADI, P.O.- SONAPUR, P.S.- LALUK, DIST.- LAKHIMPUR, ASSAM, PIN- 784160. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 3:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR PIN- 787031. 4:THE ASSTT. DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR PIN- 787031. 5:THE INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE NORTH-LAKHIMPUR Page No.# 2/4 ASSAM PIN- 787031. 6:THE HEADMISTRESS NOWBOICHA HIGH SCHOOL P.O. AND P.S.- NOWBOICHA LAKHIMPUR ASSAM PIN- 787023 Advocate for the Petitioner : MR. D BORAH, MS P SINGH,K BARMAN Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 27.01.2025 1. Heard Mr. D. Borah, learned counsel for the petitioner, who submits that in view of the petitioner having filed Cont.Cas(C) 436/2024 against the Inspector of Schools, Lakhimpur District Circle, North Lakhimpur, the petitioner has been transferred from Nowboicha High School to Madhupur T.E. Model High School, vide order dated 18.12.2024. 2. The petitioner’s counsel submits that the petitioner’s application to re- consider the impugned transfer order, vide representation dated 21.12.2024 had not been accepted by the Inspector of Schools. He also submits that the petitioner had submitted a representation seeking cancellation of his transfer order, vide an application dated 30.12.2024 issued to the District Commissioner, Lakhimpur. He submits that till date the petitioner’s representation has not been decided by the authorities. The petitioner’s counsel submits that this Court, vide Page No.# 3/4 interim order dated 08.01.2025 had suspended the operation of the order dated 18.12.2024 issued by the Inspector of Schools and in pursuance to the same, the Inspector of Schools, Lakhimpur District Circle has issued an order dated 24.01.2025 suspending the transfer order dated 18.12.2024. 3. Ms. P. Das, learned counsel for the Secondary Education, i.e respondent nos.1, 2 & 5 submits that the petitioner’s representation can be examined and decided by the Inspector of Schools, Lakhimpur as directed by this Court. She also disputes the correctness of the petitioner’s allegation that the transfer/deployment order had been made due to the filing of the contempt case. 4. In the case of S.C. Saxena vs. Union of India & Others, reported in (2006) 9 SCC 583, the Supreme Court held that a Government servant cannot disobey a transfer order by not reporting at the place of posting and instead going to the Court to ventilate his grievance. It held that it was his duty to first report for work where he is transferred and then make a representation as to what may be his personal problems. The tendency of not reporting at the place of posting and indulging in litigation needed to be curbed. It also held that assuming there was some sickness, that should not prevent him from joining his new place of posting. 5. In view of the law laid down by the Supreme Court in S.C. Saxena (supra), this Court is of the view that the Inspector of Schools, Lakhimpur District Circle, who had issued the transfer/deployment order dated 18.12.2024 Page No.# 4/4 should take a decision on the petitioner’s representation dated 21.12.2024 (Page-26 of the writ petition). Accordingly, the Inspector of Schools, Lakhimpur District Circle, North Lakhimpur shall take a decision on the petitioner’s representation dated 18.12.2024 (Page-24 of the writ petition), within a period of 1 (one) week from the date of receipt of a certified copy of this order along with a copy of the writ petition, which must be given to the said Inspector of Schools by the petitioner, within a period of 10 (ten) days from today. As the transfer/deployment order has already been suspended by the Inspector of Schools, the suspension of the transfer/deployment order will remain till a decision is taken by the Inspector of Schools on the petitioner’s representation. 6. In the event the petitioner does not submit a copy of this order to the Inspector of Schools, Lakhimpur District Circle within a period of ten days from today, the suspension of the transfer/deployment order dated 18.12.2024 shall be vacated automatically. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant