Page No.# 1/4 GAHC010054112025 2025:GAU-AS:3241-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/93/2025 DR JOY PRAKASH DAS S/O- SRI DILIP KUMAR DAS, VILL.- KOKJAR, P.O. MIRZA, DIST. KAMRUP, ASSAM, PIN- 781125. VERSUS 1: THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE JOINT DIRECTOR TO THE GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT DISPUR GUWAHATI-06. 3:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER RAMPUR BPHC RAMPUR P.O. RAMPUR DIST. KAMRUP ASSAM PIN- 781132. 4:THE CHAIRMAN HOSPITAL MANAGEMENT COMMITTEE (H.M.C) JHAROBARI MPHC P.O. JHAROBARI DIST. KAMRUP ASSAM PIN- 781122. 5:THE PRESIDENT JHAROBARI ANCHALIK SARADHIYA SRI SRI DURGA PUJA SAMITI P.O. JHAROBARI DIST. KAMRUP ASSAM PIN- 781122. 6:THE PRESIDENT SANMILITA JHAROBARI ANCHALIK CLUB JHAROBARI MPHC P.O. JHAROBARI DIST. KAMRUP ASSAM PIN- 781122 For the Appellant(s) : Mr. K. Bhuyan, Advocate. : Mr. N. Islam, Advocate. For the Respondent(s) : Mr. D.P. Borah, Standing Counsel, Health Department. Page No.# 2/4 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 24.03.2025 (Vijay Bishnoi, CJ) This writ appeal is preferred by the appellant being aggrieved with the order dated 05.03.2025 passed by the learned Single Judge in WP(C) No.763/2025, whereby the writ petition filed by the appellant assailing the transfer order dated 18.10.2024 has been dismissed. The learned Single Judge has dismissed the writ petition while observing that since there is no allegation of violation of any condition of service of the appellant pursuant to the transfer order dated 18.10.2024 and also considering the fact that nothing has been shown to indicate that the impugned transfer order has been issued with mala fide intent, there is no scope for the Court to interfere with the matter in exercise of jurisdiction under Article 226 of the Constitution of India. The brief facts of the case are that the appellant, while working as Medical & Health Officer-I (Anaesthesiologist), Jahrobari MPHC under Rampur BPHC, Kamrup, was transferred and posted as Medical & Health Officer-I (Anaesthesiologist), SKB Civil Hospital, Gohpur under Biswanath District vide order dated 18.10.2024. Aggrieved by the said transfer order, the appellant has filed WP(C) No.763/2025 mainly on the ground that on account of his transfer, the public at large would suffer because they are satisfied with his work and, therefore, it would not be in the public interest to transfer him. It was also contended by the appellant that he has moved a representation before the concerned authorities for cancellation of his transfer but the authorities concerned has not paid any heed to the said representation. Page No.# 3/4 Mr. K. Bhuyan, learned counsel for the appellant has argued that since the appellant has been transferred to the Civil Hospital, Gohpur under Biswanath District as Medical & Health Officer-I (Anaesthesiologist) without providing him any increment which he is entitled as a specialized Doctor, it itself amounted to change in the conditions of service. However, the learned counsel for the appellant has failed to point out any statutory provision which entitles the appellant for increment as a specialized Doctor. The learned counsel for the appellant has also failed to demonstrate that the transfer of the appellant is in violation of any statutory provisions, or is done with any mala fide intent. The Hon’ble Supreme Court as well as this Court and other High Courts have laid down from time to time that a transfer order cannot be interfered with in a routine manner until and unless it is demonstrated by the person challenging the transfer order that it is in violation of any statutory provisions or is suffering from mala fides. On a pointed query, the learned counsel for the appellant has disclosed that till date the appellant has not joined at his transferred place of posting. The Hon’ble Supreme Court, from time to time, has deprecated the practice of non-joining of an employee pursuant to a transfer order. In S.C. Saxena -Vs- Union of India & Ors., reported in (2006) 9 SCC 583, the Hon’ble Supreme Court has observed as under:- “6. ……... In the first place, a government servant cannot disobey a transfer order by not reporting at the place of posting and then go to a court to ventilate his grievances. It is his duty to first report for work where he is transferred and make a representation as to what may be his personal problems. This tendency of not reporting at the place of posting and indulging in litigation needs to be curbed. …………..” Recently, the Hon’ble Supreme Court in U.P. Singh -Vs- Punjab National Bank, reported in 2023 8 Supreme 509, has observed as under:- Page No.# 4/4 “10. A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same. ………….” The conduct of the appellant of non-joining his service in his transferred place of posting since October, 2024 cannot be appreciated and we hope that the State Government will consider the said conduct of the appellant and, if deemed proper, may initiate action against the appellant in accordance with law. With these observations, this writ appeal stands dismissed. JUDGE CHIEF JUSTICE Comparing Assistant