Mirza Hanif Ullah vs State Of Assam And 3 Ors

Heard Mr. U.K. Nair, learned Sr. counsel assisted by Mr. R. Islam, learned counsel for the writ petitioner. I have also heard Mr. B. Gogoi, learned

standing counsel, Health Department, Assam appearing for the respondents.

The writ petitioner, who was posted as Senior Medical and Health Officer in the Goalpara Civil Hospital at Goalpara in his capacity as Pathologist has

approached this court by filing the present writ petition, being aggrieved by the transfer order dated 07-06-2021, whereby the petitioner has been

transferred from Goalpara and posted at the Civil Hospital at Hailakandi.

Apart from contending that the petitioner is the only Pathologist at the Goalpara Civil Hospital and therefore, his transfer would adversely affect the

pathological laboratory in the said hospital. Mr. Nair also submits that his client is recovering from post Covid ailments, which requires care and

medical treatment. Under the circumstances, he is not physically fit to travel to Hailakandi, pursuant to the transfer order dated 07-06-202 leaving

behind his family including a child who is currently in mid-academic session.

By inviting the attention of this Court to the representation dated 08-06-2021 submitted by the writ petitioner before the respondent No. 1, Mr. Nair

submits that although the difficulties faced by the writ petitioner have been highlighted in the said representation and the same has also been

forwarded to the competent authority no action has been taken on the said representation till today.

It is settled law that transfer is an incident of service and to that extent, the jurisdiction of the writ court to interfere with a transfer order in exercise of

powers conferred under Article 226 is extremely limited. However, if a public servant is facing personal difficulties arising out of medical reasons due

to post Covid syndrome and has represented his case before the authorities, it cannot be said that the respondents can altogether ignore such

representation.

Mr. Gogoi, learned departmental counsel has also fairly submitted that if a direction is issued by this Court, the representation submitted by the

petitioner can be disposed of within two weeks from today.

In view of the above, without expressing any opinion on the merit of the case, I dispose of this writ petition at the stage of motion hearing by directing

the respondent No. 1 to consider the representation dated 08-06-2021 (Annexure- 3) submitted by the petitioner and dispose of the same by a

speaking order. The writ petitioner is also granted 03 days time to submit medical testimonies, if any, in support of his stand taken in the said

representation.

Until such time, the aforesaid said exercise, as directed by this Court, is completed, no coercive action shall be initiated against the writ petitioner.

With the above observation, this writ petition stands disposed of.