Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010014062025
2025:GAU-AS:1177
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/375/2025 RINA TALUKDAR W/O MAINUL HOQUE, RESIDENT OF VILLAGE AMRATTARY, PS MUKALMUA, DIST NALBARI, ASSAM, PIN-781312 VERSUS THE STATE OF ASSAM AND 5 ORS.
TO BE REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, WOMEN AND CHILD DEVELOPMENT DEPARTMENT , DISPUR, GUWAHATI- 06 2:THE DIRECTOR WOMEN AND CHILD DEVELOPMENT ASSAM UZANBAZAR GUWAHATI-01 3:THE PROGRAMME OFFICER DIVISIONAL INTEGRATED CHILD DEVELOPMENT SCHEME (ICDS) CELL KAMRUP BELTOLA GUWAHATI-28 4:THE DISTRICT SOCIAL WELFARE OFFICER BARPETA PO AND DIST- BARPETA ASSAM PIN-781301 5:THE CHILD DEVELOPMENT PROJECT OFFICER CHENGA INTEGRATED CHILD DEVELOPMENT SCHEME PROJECT BARPETA
Page No.# 2/3 P.O- CHENGA DIST- BARPETA ASSAM PIN-781305 6:THE CHILD DEVELOPMENT PROJECT OFFICER SISSIRBORGAON INTEGRATED CHILD DEVELOPMENT SCHEME PROJECT DHEMAJI P.O. AND DIST- DHEMAJI ASSAM PIN-78711 Advocate for the Petitioner : MR. R MAZUMDAR, T TALUKDAR,S BEGUM,MR. R ISLAM Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER 05.02.2025
1. Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate, Assam representing the State respondents.
2. Mr. Borah, learned Government Advocate has obtained instruction in terms of this Court’s earlier order dated 27.01.2025.
3. Though certain objections were raised in the instruction provided by the Additional Director, Women and Child Development, Assam, as regards entitlement of the petitioner to continue in the same place of posting, however, at the same time, a stand has been taken by the Additional Director, Women and Child Development, Assam that the petitioner’s representation regarding the transfer is under consideration of the Director of Women and Child Development, Assam, Uzanbazar and the appropriate decision will be taken in due course as per the prescribed procedure. A further stand is being taken that the representation has not yet been disposed of, as some time is required to process in such matter
Page No.# 3/3 and it will not indicate any undue delay or lack of concern.
4. In view of the aforesaid stand taken by the Additional Director, Women and Child Development, Assam that the Director is considering the representation of the petitioner, this Court is of the opinion that the Director being the employer of the petitioner should consider the representation within a time frame and take a decision as per law.
5. Accordingly, the present writ petition is disposed of relegating the petitioner to the Director of Women and Child Development, Assam, Uzanbazar, Guwahati-01. The petitioner may file a fresh representation along with the order passed today within a period of 10 days from today and thereafter, the Director shall consider the representation of the petitioner and pass an order within a period of four weeks from the date of receipt of the representation.
6. Till disposal of the representation, it is provided that the impugned transfer
order dated 06.01.2025 shall not be given effect.
JUDGE Comparing Assistant