Page No.# 1/3 GAHC010047732025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1262/2025 DIPEN KUMAR BHATTACHARYYA S/O- LATE DEVA KANTA BHATTACHARYA, RESIDENT OF HOUSE NO 47 ALOK NAGAR KALAGURU BISHNU RABHA PATH BELTOLA GUWAHATI VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE B DEPARTMENT DISPUR GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPARTMENT DISPUR GUWAHATI-06 3:THE DIRECTOR OF MEDICAL EDUCATION AND RESEARCH DEPTT GOVT OF ASSAM MEDICAL EDUCATION AND RESEARCH DEPTT KHANAPARA GUWAHATI ASSAM 4:DR PARESH KUMAR SARMA PROFESSOR DHUBRI MEDICAL COLLEGE AND HOSPITAL DHUBR Advocate for the Petitioner : MS N MAHANTA, MR. K N CHOUDHURY,MR. D J DAS,MR. R M DEKA Advocate for the Respondent : SC, HEALTH AND F W, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Page No.# 2/3 ORDER Date : 05/03/2025 Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. D.J. Das, learned counsel for the writ petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Health Department, Assam, appearing for the official respondents. The series transfer effected by the order dated 28/02/2025, whereby, the writ petitioner, who is presently serving as Professor at FAAMC & H, Barpeta, had also been transferred and posted as Professor at DMC & H, Dhubri vice the respondent no. 4, has been put under challenge in this writ petition. At the very commencement of his submission, Mr. K.N. Choudhury, learned senior counsel for the writ petitioner has fairly submitted that the petitioner is not assailing the transfer order strictly on any legal ground but merely seeks intervention of this Court purely on human consideration in view of the hardship faced by the writ petitioner in his personal life. Referring to the difficulties faced by the writ petitioner, who is suffering from several diseases and has also undergone Coronary Artery Bye Pass Surgery, Mr. Choudhury submits that at present, the petitioner is posted at Barpeta and his wife, who is serving as a Medical Officer, is posted in the nearby station at Goalpara, as a result of which, they are able to meet frequently. However, if the petitioner is compelled to join at Dhubri, he would not only be deprived of the care and company of his wife but would also be compelled to live alone, thus, creating serious problem in his day to day life due to his medical conditions. Mr. Choudhury further submits that although the petitioner had submitted a representation dated 01/03/2025 addressed to the Director of Medical Education and Research Department, Assam, seeking cancellation of his transfer, no action has been taken in the matter till date. Hence, this writ petition. Responding to the above, Mr. B. Gogoi, learned Standing Counsel, Health Department, Assam, has submitted that it is a case of series transfer and the respondent no. 4 having been released, he has already joined in Barpeta. Therefore, there is no scope of passing any interim order at this stage. Page No.# 3/3 The learned departmental counsel has, however, fairly submitted that the representation submitted by the writ petitioner shall be considered by the authorities within a specified time frame, subject to the condition that he reports for duty at Dhubri. After taking note of the over all facts and circumstances of the case as well as the submissions made at the Bar, this writ petition is being disposed of at the motion stage by providing that the respondent authorities shall consider the representation submitted by the petitioner (Annexure-F) objectively and pass a reasoned order therein. The aforesaid process be completed within a period of 3 (three) weeks from today. If the petitioner continues to remain aggrieved in the matter even thereafter, it would be open for him to approach this Court once again by filing appropriate petition. Since the primary grievance of the petitioner pertains to the hardship faced by him owing to adverse health conditions, it is expected that until disposal of the representation the respondent authorities shall not initiate any adverse action against the petitioner and shall also facilitate the process of disposal of the representation of the petitioner in good faith and in accordance with law. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant