Page No.# 1/4 GAHC010022382025 2025:GAU-AS:1494 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/603/2025 ABDUR RAHMAN S/O MD. MANSUR ALI, R/O- VILL- NO.1 KHIRING KHIRING, P.O. NAKHUTI BAZAR, P.S. LUMDING, DIST. HOJAI, ASSAM, PIN-782446. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT, JANATA BHAWAN, BLOCK-C, 1ST FLOOR, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT JURIPAR PANJABARI GUWAHATI - 37 ASSAM. 3:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY (DRDA) SRIMANTA SANKARDEV NAGAR HOJAI DIST. HOJAI ASSAM PIN-782446. 4:THE DISTRICT COMMISSIONER HOJAI DISTRICT ASSAM PIN-782442. 5:THE EXECUTIVE OFFICER Page No.# 2/4 HOJAI ZILA PARISHAD HOJAI DIST. HOJAI ASSAM PIN- 782442. 6:THE BLOCK DEVELOPMENT OFFICER LUMDING DEVELOPMENT BLOCK LUMDING DIST. HOJAI ASSAM Advocate for the Petitioner : MR. A K DUTTA, MR. S SUTRADHAR Advocate for the Respondent : SC, P AND R.D., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 14.02.2025 1. Heard Mr. A.K.Dutta, learned counsel for the petitioner and Mr.S.Dutta, learned Standing Counsel appearing for the respondent Nos. 1, 2, 3, 5 and 6, PNRD Department and Ms. M.Bhattacharjee, learned CGC appears for the respondent No. 4. Having regard to the nature of the projection made by the petitioner, the writ petition is taken up for disposal at this stage. 2. The petitioner has filed the instant writ petition being aggrieved with the order dated 01.02.2025 by which he has been transferred from Sarke Basti Gaon Panchayat to Nagayapam Gaon Panchayat. The petitioner contends that he has been appointed as Gram Rojgar Sahayak on contract basis by the Project Director, District Rural Development Agency, Nagaon district on 01.09.2009 and since then he has been continuing as such. The documents annexed by the petitioner himself would go to show that he was initially appointed under Page No.# 3/4 Sarkebasti Gaon Panchayat and thereafter posted to Nakhuti Gaon Panchayat on 02.06.2017. Subsequently, the petitioner was transferred from Nakhuti Gaon Panchayat to Sologuri Gaon Panchayat vide office Order dated 13.07.2021 ( Annexure-4). 3. The petitioner was posted back from Sologuri Gaon Panchayat to Sarke Basti Gaon Panchayat vide Office Order dated 25.07.2022. This clearly shows that the petitioner is holding a transferrable post and it is a settled law that if any grievance is made by the employee regarding his transfer, he is required to join his place of posting first and then file his representation. If the petitioner so wishes , he can very well do the same according to the learned counsel for the respondents. 4. Considering the above submissions made by the parties and upon perusal of the materials available on record, this Court is of the considered view that the difficulties expressed by the petitioner for joining the new place of posting should be considered by the competent authority concerned and for which the petitioner if so advised may file a representation before the District Commissioner, Hojai district within a period of 10 days from today. In the event, the petitioner files such representation along with all the supporting documents, the District Commissioner shall consider the same and pass appropriate speaking order. It is also made clear that the petitioner shall first join the new place of posting and file representation for consideration of the authority. 5. The interim order passed earlier stands merged with this order. 6. With the above directions and observations, the writ petition is disposed of. JUDGE Page No.# 4/4 Comparing Assistant