WP(C) 2613/2008 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Mr. M.P. Sharma, learned counsel for the petitioner and Mr. D. Gog oi, learned Standing Counsel, Health Department and Mr. TJ Mahanta, learned Stan ding Counsel appearing for Respondent No.5. As agreed to and in view of the subject matter involved, this writ petit ion is being disposed of at the admission stage. The petitioner, who is an ANM Nurse, was transferred from Akadi FW Sub- Centre to the Hajo RFW Main Centre and the Respondent No.5 was transferred from the Main Centre to the Sub-Centre in place of the petitioner by an order dated 2 8th May, 2008. The said order has been cancelled by a subsequent order dated 16t h June, 2008. Aggrieved, the writ petitioner has approached this Court against t he order dated 16th June, 2008. The records in original called for by the Court have been made available by Shri D. Gogoi, learned Standing Counsel, Health Department. A perusal of the said records would go to show that on 18.2.2008, the petitioner had submitted a representation to the Departmental Minister seeking a transfer to the Hajo Main Centre on health grounds. On the body of the said representation, the Minister directed the Director of Health Services (FW), to look into the matter. Thereaft er, on instructions of the Director of Health Services (FW), the Additional Chie f Medical and Health Officer (FW), Kamrup, Guwahati had passed the order of tran sfer dated 28th May, 2008. Thereafter, it appears from the records placed before the Court that the Respondent No.5 filed a representation before the Departmental Minister seeking reconsideration of the transfer order dated 28th May, 2008. On the body of the said representation, the Minister once again directed the Director of Health Ser vices (FW) to do the needful. The Director in turn required the Additional Chief Medical and Health Officer (FW) to do the needful, as would be evident from the Director’s communication dated 7.6.2008, which is available in the original rec ords. By another communication dated 11.6.2008, the Director asked the Additiona l Chief Medical and Health Officer (FW), Kamrup, Guwahati to cancel the transfer of the two incumbents made by order dated 28.5.2008. Pursuant thereto, the impu gned order dated 16th June, 2008 has been issued. The facts stated above would go to show that the Departmental Minister h ad ordered for the transfer of the petitioner to the Hajo Main Centre in place o f the Respondent No.5, at her request. Thereafter, at the request of the Respon dent no.5, the Minister reversed his earlier order leading to the cancellation o f the impugned order dated 16.6.2008. The Minister in ordering for the transfer and posting of the two incumbents had virtually accepted the requests of both of them at different points of time. Orders of transfers of incumbents and their postings are required to be passed in the needs of the administration. While doing so, the convenience and i nconvenience of the officers and his/her pressing needs for posting in any parti cular station can be taken into account if the same do not jeopardize the needs of the administration. In the present case, the file in original placed before t he Court would indicate that the Departmental Minister had acted at the requests of both the parties made at different points of time for their posting in Hajo Main Centre. Obviously, out of the two incumbents, only one can be posted in the Main Centre, though the Minister had given the said benefit to the two incumben ts at two different points of time. Such a course of action certainly cannot ref lect the needs of the administration. The facts of the present case, as stated above, does not enable the Cour t to determine the legality of the cancellation of the transfer order dated 28.5 .2008 inasmuch as, the said order has proceeded on the instructions of the depar tmental Minister at the request of the Respondent No.5 though at an earlier poin t of time the Minister had ordered for the transfer of the petitioner to the Haj o Main Centre. In such a situation, it would be appropriate for the Departmental Minister to re-examine the matter and pass fresh orders with regard to the post ing of the petitioner and the Respondent No.5. Until the same is done, the prese nt position with regard to their posting in the Akadi FW Sub-Centre and Hajo RFW Main Centre shall be maintained by the Department. The writ petition, consequently, is closed in terms of the above directi on.