Ms. M. Bhattacharjee, GA
Date of Hearing & Judgment : 22.05.2025
Judgment and Order
Heard Mr. A. Sahad, learned counsel appears for the petitioner. Also
heard Ms. P. Thapa, learned counsel on behalf of Mr. S. Dutta, learned Standing
Counsel appears for the P&RD Department and Ms. M. Bhattacharjee, learned
Additional Senior Government Advocate appears for the respondent no. 2.
2. The petitioner before this court was engaged as a casual employee vide
the notification No. FEA. 104/2005/11 dated 26.08.2005. Subsequently, the
petitioner was appointed as an Office Assistant on casual basis and posted at
Dulakakharia Gaon Panchayat. He was allowed to draw a fixed
pay/remuneration at the rate of Rs. 15,900/ (Fifteen Thousand Nine Hundred)
with dearness allowances (D/A) and Medical Allowances (M/A) of Rs. 600/- (six
hundred) per month subject to recommendation of the Pay Commission. The
petitioner joined as an Office Assistant as a casual employee at Dulakakharia
Gaon Panchayat under Nazira Development Block and he has been working
since 10.01.2020 till date. It is stated in the writ petition that the petitioner is
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holding the post of Office Assistant (casual) which is a non sanctioned post. By
office Order vide the Memo No. SZP-7/Confdl./2023/36 dated 15.06.2023, the
Deputy Commissioner, Sivasagar issued transfer orders transferring and posting
the employees named therein from their places of posting to other places under
the Sivasagar Zila Parishad for smooth functioning of the Gaon Panchayat
works. In the said order the petitioner’s name was also included and he was
transferred from Dulakakharia Gaon Panchayat to Amguri Development Block
which is located approximately 50 Kms away from his present place of posting.
It is stated in the affidavit that this order was issued confidentially and was not
communicated to the petitioner officially. Consequently, the petitioner was
unaware about this transfer from one block to another. Subsequently, on making
enquiries the petitioner received a copy of the order of transfer after one month
10 days later. Being aggrieved, the petitioner filed a representation addressing
to the Deputy Commissioner, Sivasagar for stay/cancellation of the transfer
order dated 15.06.2023 citing his ill health and ailments as he was suffering
from Arthritis (Severe) and lumbar Spondylitis since long and consequently
stated his inability to travel to distant places as it is likely to hamper his medical
treatment. The said representation however remained pending and no order on
the said representation, if passed, by the respondent authority was ever
communicated to the writ petitioner.
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