Page No.# 1/4 GAHC010033542025 2025:GAU-AS:1750 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/928/2025 ABUL KASHIM LASKAR S/O- LATE SAYAD ALI LASKAR, R/O- JAMIRA BAGAN BASTI, P.O.- JAMIRA BAZAR, DISTRICT- HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR GUWAHATI-6. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI-37. 3:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD HAILAKANDI. 4:THE DISTRICT COMMISSIONER HAILAKANDI 5:THE BLOCK DEVELOPMENT OFFICER SOUTH HAILAKANDI DEVELOPMENT BLOCK DISTRICT- HAILAKANDI ASSAM. 6:ABDUL JABBAR GRS JALNACHERRA KILLARBAK GAON PANCHAYAT Page No.# 2/4 RESIDENT OF PALOICHERRA PART- 1 P.O. JAMIRA BAZAR DISTRICT HAILAKANDI. 7:DHANANJOY BHAR GRS BARUNCHERRA-KUKICHERRA GAON PANCHAYAT RESIDENT OF DHOLAI BAGAN P.O. KATLICHERRA DISTRICT HAILAKANDI Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SC, P AND R.D., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 19.02.2025 Heard Mr. J. Laskar, learned counsel appearing for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel appearing for the P&RD Department and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appearing for the respondent no.4. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is challenging the impugned order dated 10.02.2025, whereby the petitioner was transferred from Jamira and Dariarghat Baldabaldi GP under South Hailakandi Development Block to Algapur Development Block. 3. It is the specific contention of the petitioner that in terms of the guidelines regarding rationalization and management of contractual staffs engaged in different Rural Development Programme, i.e. Page No.# 3/4 MGNREGA, PMAY-G and 14th FC Grant etc. under Clause- 3 of the said guidelines, the contractual employee like that of the petitioner is entitled to re-shuffle to other Gaon Panchayats within the Block he/she presently engaged in. 4. It is the further contention of the petitioner that transfer outside the block is not permitted under the said guidelines. 5. Mr. J. Laskar, learned counsel appearing for the petitioner submits that the co-ordinate Bench of this Court in the case of Abdur Rahman Vs State of Assam and 5 Ors. in WP(C) No.603/2025, while adjudicating a similar issue in relation to similarly situated persons was pleased to dispose of the said writ petition by directing the petitioner therein to file representation, if so advised and in the event such representation is being filed along with all the supporting documents, the same shall be considered by the jurisdictional District Commissioner and passed appropriate speaking order. 6. Mr. S. Dutta, learned Standing Counsel appearing for the P&RD Department and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate appearing for the respondent no.4 does not object to the disposal of the present writ petition in similar line. 7. In view of the forgoing, this Court is of the considered opinion that the present writ petition can also be disposed of by directing the petitioner, if so advised to file representation before the District Commissioner, Hailakandi, District, within a period of 10 days from today and in the event such representation is being filed along with all the supporting documents, the District Commissioner shall consider Page No.# 4/4 the same in accordance with law and pass appropriate speaking order. 8. Ordered accordingly. 9. It is also needless to be clarified that the petitioner shall first join the new place of posting and file representation for consideration of the authority. 10. With the above directions and observations, the writ petition stands disposed of. JUDGE Comparing Assistant