WP(C)/4149/2026 of SRI ANIL KUMAR DEKA Vs THE STATE OF ASSAM AND OTHERS on 6 August 2026

ORDER

Date : 07-08-2026 Heard Mr. SP Sharma, learned counsel for the petitioner. Also heard Mr. R Dhar, learned Additional Senior Government Advocate appearing for the respondent. [2] Having regard to the nature of grievance projected by the petitioner, the matter is taken up for disposal at this motion stage itself. [3] The grievance of the petitioner is with regard to the transfer order, dated 04.07.2026 (Annexure-10) by which he has been transferred from Mandia ICDS Project, Barpeta to Tapattary ICDS Project, Bongaigaon and in his place, one Sri. Kanram Das has been posted into Bongaigaon. The petitioner is a Statistical Assistant working with the Directorate of Women and Child Development, Government of Assam.

[4] The learned counsel for the petitioner submits that the petitioner is a single parent and is looking after his minor son and therefore, his transfer to the new place of posting would greatly affect his responsibility as a single parent towards his minor son. He submits that the petitioner is posted in Mandia ICDS Project, Barpeta since March, 2024 and was serving to the best of his ability and the order of transfer has come to him as a surprise importantly considering the fact that his reliever had recently been transferred from Barpeta ICDS Project, Barpeta to Tapattary ICDS Project, Bongaigaon, vide order, dated 15.10.2025. It therefore, appears that the reliever has hardly completed not even a year at the Tapattary ICDS Project, Bongaigaon and has been transferred to the place where the petitioner was posted at Mandia ICDS Project, Barpeta. [5] The learned counsel submits that the petitioner had applied for Earned Leave and currently he is on the said leave, as permitted by the authorities concerned. He had also submitted a representation before the Directorate of Women and Child Development, Government of Assam on 17.07.2026, but the same has not been considered till date and therefore, the petitioner having no alternative has filed the instant writ petition. [6] Mr. Dhar, learned State Counsel, on the other hand, submits that the State Government has been considering the fact that a number of officials, upon being transferred have not adhered to the transfer orders and which has resulted in inconvenience for various establishments. Taking into account such situations, the State Government in the Department of Personnel (Personnel::A) had issued an Office Memorandum on 25.11.2024 with specific instructions to all concerned that there should be timely handing over and taking over charge on transfer and posting. That in case of submission of representation against a transfer order, the same would be considered only after the transferee joins the new place of posting and not otherwise. In the present case as well, since the transfer order was issued as far back as on 04.07.2026, the person to replace the petitioner at Mandia ICDS Project, Barpeta must have joined and in view of the Office Memorandum, dated 25.11.2024, the petitioner should also join his new place of posting and it is only then that the respondent authorities concerned will take up his representation for consideration. [7] Mr. Sharma, learned counsel for the petitioner submits that he has just received an instruction, which is to the effect that the person to replace him at Mandia ICDS Project, Barpeta has joined and the petitioner has been asked to join the new place of posting in terms of the transfer order, dated 04.07.2026. The learned counsel submits that since the petitioner is on leave, he has received the same by way of WhatApp. [8] Having regard to the above, the petitioner shall abide by the transfer order, dated 04.07.2026 upon completion of his leave period. However, in view of the difficulty expressed by the petitioner through his counsel, the petitioner is given liberty to join the new place of posting by 14.08.2026 with a condition that upon joining the said post, he will seek for extension of the leave availed by him to make up for the delay in joining the post. Further, the respondent authorities concerned, in view of the representation submitted by the petitioner shall consider the same and if necessary by giving him an opportunity of being heard and dispose of the same in accordance with law, as expeditiously as possible, preferably within a period of 15 (fifteen) days from the date of petitioner joining his new place of posting. [9] With the above observations and directions, this writ petition stands disposed of.

JUDGE Comparing Assistant