Ranjit Deva Sharma v. The State of Assam and 4 Ors

PageoNo.#o1/4 GAHC010233962024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5748/2024o RANJIToDEVAoSHARMAo S/OoSRIoTHANESWARoDEVAoSHARMAo R/OoVILL-oBAMGAONo P.O.oANDoP.S.oSILAPATHARo DIST.oDHEMAJI,oASSAMo PIN-787059 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo DEPARTMENToOFoSCHOOLoEDUCATION,oDISPUR,oGUWAHATI-781006 2:THEoMISSIONoDIRECTOR oOFFICEoOFoTHEoMISSIONoDIRECTOR oSAMAGRAoSHIKSHAoAXOM oKAHILIPARA oGUWAHATI-o19. 3:THEoCHIEFoACCOUNTANTSoOFFICER oOFFICEoOFoTHEoMISSIONoDIRECTOR oSAMAGRAoSHIKSHAoAXOM oKAHILIPARA oGUWAHATI-19 4:THEoDISTRICToMISSIONoCO-ORDINATOR oSSA oDHEMAJI oASSAM Page No.# 2/4 5:THE BLOCK MISSION CO-ORDINATOR SSA DHEMAJI BLOCK DHEMAJI ASSA Advocate for the Petitioner : MR. K K HANDIQUE, MR. J SINGH,DR ANKIT TODI Advocate for the Respondent : SC, SSA,

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

08.11.2024 Heard Mr. K.K. Handique, learned counsel for the petitioner. Also heard Mr. Ganesh Pegu, learned Standing Counsel, Secondary Education Department, for the respondent No.1 and Mr. P. Naik, learned Standing Counsel, SSA for the respondent Nos. 2, 3, 4 and 5.

¶2The petitioner while functioning as a Block MIS Co-ordinator of SSA, Dhemaji Block of Dhemaji district, was transferred and posted at Balipara Block SSA, Sonitpur in the same capacity by an order dated 19.08.2024 issued by the Mission Director, SSA.

¶3The petitioner on 03.09.2024 made a representation before the Mission Director, SSA/respondent No.2 praying for temporary suspension of his transfer order on the ground that his father is paralyzed and he requires to take care of him.

¶4The respondent No.2 again issued another order on 20.09.2024 partially modifying the earlier order dated 19.08.2024 and transferred the Page No.# 3/4 petitioner at Hailakandi Block of SSA, Hailakandi.

¶5The petitioner again made a representation before the respondent No.2 on 23.10.2024 praying for temporary suspension of the transfer order on the same grounds that he has a paralyzed father and he requires to take care of him.

¶6In the meantime, the Block Mission Co-ordinator, SSA, Dhemaji Block released the petitioner from the SSA, Dhemaji Block by a communication dated 04.11.2024. In the said release order, it is also stated that the petitioner has an outstanding financial liability amounting to Rs.1,46,770/- with the Block Mission Office, SSA, Dhemaji Block and that he has not handed over the charge.

¶7It is the case of the petitioner that after the transfer order dated

20.09.2024, the petitioner made a representation on 23.10.2024. However, without considering the same, the Block Mission Co-ordinator, SSA, Dhemaji Block has released the petitioner by the communication dated 04.11.2024.

¶8Accordingly, a prayer has been made by the petitioner that a direction may be issued to the respondent No.2 to dispose of his representation, which was submitted by him on 23.10.2024 before the respondent No.2.

¶9Mr. P. Naik, learned Standing Counsel, SSA has no objections.

¶10After hearing the learned counsel for the parties and on consideration of the materials available on record, this writ petition is disposed of directing the Mission Director, SSA/respondent No.2 to consider and dispose of the representation dated 23.10.2024 made by the petitioner by a speaking order and in accordance with law within a period of two weeks Page No.# 4/4 from the date of receipt of a copy of the order of this Court. The outcome of the consideration of the representation shall also be communicated to the petitioner forthwith.

¶11Till the representation is disposed of, the transfer order dated

20.09.2024 and the release order dated 04.11.2024 shall remain suspended.

JUDGE Comparing Assistant