Page No.# 1/3 GAHC010052382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1445/2025 SHAH ALOM MAZUMDAR S/O- LATE ABDUL MATIN MAZUMDAR, R/O- HAILAKANDI ROAD, SILCHAR, P.O. LINK ROAD, DIST. CACHAR, ASSAM, PIN- 788006. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI-781006 ASSAM 3:THE DIRECTOR HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36 ASSAM 4:THE JOINT DIRECTOR OF HEALTH SERVICES CACHAR SILCHAR ASSAM 5:MEDICAL AND HEALTH OFFICER- I IN-CHARGE SONABARIGHAT SHC Page No.# 2/3 SONABARIGHAT SILCHAR DIST. CACHAR ASSA Advocate for the Petitioner : MR. A B T HAQUE, Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 17-03-2025 Heard Mr. A.B.T. Haque, learned counsel for the writ petitioner. Perused the averments made in the writ petition. The notification dated 02-01-2024 (Annexure-4), by means of which, the writ petitioner was transferred from Sonabarighat SHC, Cachar and posted as Medical & Health Officer (H&MO) at the S.K. Roy Civil Hospital, Hailakandi has been put under challenge. The primary ground on which the challenge is made is on account of the fact that the wife of the petitioner is also a Doctor serving under the Government. Since the petitioner has served only for a year in the present place of posting, the impugned transfer order, seeking to post the husband and wife in two locations, that too, within a year of posting is violative of the transfer policy of the State. Mr. D.P. Borah, learned standing counsel, H&FW Department, Assam submits that the transfer of the petitioner is necessitated on account of the fact that being a specialist, his services are required at the S.K. Roy Civil Hospital, Hailakandi. However, if the Page No.# 3/3 petitioner is seeking posting in the same place along with his spouse, then it will be open for the spouse of the petitioner to make such a prayer before the appropriate authorities. Law is well settled that the guidelines issued by the Government for effecting transfer of employees are directory in nature and those cannot be enforced in the court of law. In case of transferable jobs, it will always be open for the authorities to transfer an employee from one place to another, if public interest so demand. Transfer being an incident of service, such a transfer order cannot be questioned in the court of law merely on the ground of violation of the guidelines. Unless there is a categorical plea of violation of statutory rights or malafide exercise of power, writ court would not ordinarily interfere with an order of transfer. Under such circumstances, I do not find any justifiable ground to entertain this writ petition. The same is accordingly dismissed. It would, however, be open for the wife of the petitioner to seek a transfer in the same place of posting with her husband by moving the concerned authorities, if so advised. JUDGE GS Comparing Assistant