Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010018652026
2026:GAU-AS:1408
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/508/2026 DIPANJU SHARMA W/O SANJIB SARMA BHARADWAJ, R/O R. G. BARUAH ROAD, MILAN PATH, GUWAHATI, P.O. ZOO ROAD TINIALI, P.S. GEETA NAGAR, DIST. KAMRUP METRO, ASSAM, PIN- 781024. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPTT., ELEMENTARY, DISPUR, GUWAHATI- 781006. 2:THE SAMAGRA SHIKSHA AXOM KAHILIPARA GUWAHATI-781019 ASSAM REPRESENTED BY ITS MISSION DIRECTOR. 3:THE MISSION DIRECTOR TO THE SAMAGRA SHIKSHA AXOM KAHILIPARA GHY-781019 ASSAM 4:THE ADDITIONAL DISTRICT COMMISSIONER (EDN) CUM DISTRICT MISSION COORDINATOR SAMAGRA SHIKSHA DARRANG P.O. MANGALDOI ASSAM-784125. 5:DIBYAPAD NATH
Page No.# 2/4 DISTRICT PROGRAMMER SSA MORIGAON P.O. MORIGAON ASSAM-782105 Advocate for the Petitioner : MR S BORTHAKUR, P KHATANIAR Advocate for the Respondent : SC, ELEM. EDU, SC, SSA
BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 04.02.2026 Heard Mr. S. Borthakur, learned counsel for the petitioner, Mr. B. Gogoi, learned counsel appearing for the respondent Nos. 2 & 3 (SSA) and Mr. P.K. Borah, learned counsel for the respondent No.1. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. 2. It is the case of the petitioner that she is working as District Programmer and was posted to the Darrang district from Kamrup (Metro) vide order dated 25.09.2024. While being posted as such, she along with three other persons had submitted a joint representation for mutual transfer and the choice given by the petitioner was Kamrup (Metro). While the petitioner was expecting a favourable consideration of the same, to her surprise, an order was issued on 12.01.2026 by the Mission Director, SSA transferring her from Darrang to Morigaon district and in her place, the respondent No.5, who was posted in Morigaon has been brought to Darrang. Learned counsel for the petitioner submits that as per the
Page No.# 3/4 application for mutual transfer, one of the District Programmer had clearly opted to be posted out from Kamrup (Metro) and in which place, the petitioner could have been adjusted, but instead, the Mission Director has sent the petitioner to Morigaon and that too within a span of about 1 ½ years from the date of posting in Darrang.
Aggrieved with the same, the petitioner submitted a representation before the Mission Director, SSA on 16.01.2026 (Annexure-4). But since the same has not been considered and disposed of, the petitioner having no alternative has approached this court through the instant writ petition. 3. Mr. S. Borthakur, learned counsel for the petitioner submits that the petitioner although released from Darrang by a written office order made by the Additional District Commissioner (Education) cum- District Mission Co-ordinator, SSA, the petitioner has not handed over charge of the District Programmer of Darrang to anybody and in fact, the petitioner is currently on medical leave. 4. Considering the above projection and having regard to the fact that the representation submitted by the petitioner before the Mission Director, SSA is said to be pending as on date, this Court is of the considered view that instead of keeping the writ petition pending before this Court, the respondent authority concerned should consider the representation of the petitioner and take a decision by way of a speaking order within a time frame. 5. In view of above, the writ petition is disposed of by directing the Mission Director, SSA (respondent No.3) to consider the representation submitted by the petitioner on 16.01.2026 (Annexure-4) and thereafter pass an appropriate speaking order. Such an exercise be done within a
Page No.# 4/4 period of four weeks from today. The petitioner shall furnish a copy of this
order along with the writ petition to the respondent No.3 for doing the needful.
6. Till a decision is taken by the respondent authority as directed hereinabove, status-quo as on today shall be maintained.
7. With the above observations and direction, the writ petition stands
disposed of.
JUDGE Comparing Assistant