Page No.# 1/4 GAHC010022002025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/613/2025 RITA SWARGIARY W/O- NAGEN SWARGIARY, RESIDENT OF VILL. AND P.O.- ADALBARI, P.S.- MUSHALPUR, DIST.- BAKSA BTR (ASSAM), PIN- 781372. PRESENTLY WORKING AS ASSTT. TEACHER IN 13 NO. SIMALGURI L.P. SCHOOL. VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE SECRETARY EDUCATION DEPARTMENT BTC KOKRAJHAR PIN- 783370. 4:THE SR. SO TO THE PRINCIPAL SECRETARY BTC KOKRAJHAR PIN- 783370. 5:THE TREASURY OFFICER EDUCATION DEPARTMENT BTC Page No.# 2/4 KOKRAJHAR PIN- 783370. 6:THE DEPUTY INSPECTOR OF SCHOOLS BIJNI KAJALGAON. PIN- 783380. 7:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM CHIRANG KAJALGAON PIN- 783380. 8:THE HEAD TEACHER 13 NO SIMLAGURI LP SCHOOL CHIRANG BTR ASSAM PIN- 783381 Advocate for the Petitioner : MR. B RAMCHIARY, MS A RAMCHIARY,MR. P J DAS,MS T RAMCHIARY Advocate for the Respondent : SC, ELEM. EDU, SC, BTC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.02.2025 1. Heard Ms. T. Ramchiary, learned counsel for the petitioner, who submits that the petitioner has been working as an Assistant Teacher at 13 No. Simalaguri L.P. School, vide order dated 22.08.2024 issued by the Director of Education, BTC, Kokrajhar. However, the petitioner has now been transferred to the post of Assistant Teacher at Khungring Marupara L.P. School, vide the impugned order dated 27.01.2025 issued by the Inspector of Schools, District Elementary Education Officer-cum-DMC, SSA, Chirang, Kajalgaon. Page No.# 3/4 2. The petitioner’s counsel submits that the petitioner’s children are going to have their annual examinations and the petitioner’s husband is suffering from various ailments. 3. The petitioner’s counsel submits that in view of the above reasons, the petitioner had written a representation dated 31.01.2025 to the Headmaster of her school, asking the Headmaster to take necessary action before the concerned authorities to allow her to continue to work in her present school. She submits that the petitioner is also going to submit a representation to the concerned DEEO for reconsideration of her transfer. 4. Mr. B. Choudhury, learned counsel for the BTC and Mr. P.K. Bora, learned counsel for the respondent nos.1 & 2 submit that as the petitioner has not availed the alternative remedy available to her, the petitioner should first avail the alternative remedy available, prior to coming to this Court. 5. On considering the submissions made by the learned counsels for the parties, I find that the petitioner has not made a representation to the DEEO against the impugned transfer order dated 27.01.2025 prior to approaching this Court. As such, this Court is of the view that the petitioner should first approach the concerned DEEO with regard to her grievance. 6. The petitioner is accordingly given the liberty to file a representation to the concerned DEEO on or before 10.02.2025. In the event the petitioner files a Page No.# 4/4 representation on or before 10.02.2025, the concerned DEEO shall take a decision on the petitioner’s representation and communicate the decision taken to the petitioner. Till a decision is taken by the concerned DEEO on the petitioner’s representation, the impugned transfer order dated 27.01.2025, insofar it relates to the petitioner, shall not be acted upon. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant