Page No.# 1/4 GAHC010082362023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2245/2023 RUFIA KHATUN W/O- MD CHAND MIYA, VILL- MOHMARA, P.O. GOROIMARI, DIST.- BARPETA (ASSAM) VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GHY-06 2:THE DIRECTOR OF HEALTH SERVICES HEALTH SERVICES (FAMILY WELFARE) ASSAM SWASTHAYA BHAWAN HENGRABARI GUWAHATI- 36 3:THE DEPUTY COMMISSIONER MORIGAON ASSAM PIN- 782105 4:THE JOINT DIRECTOR OF HEALTH SERVICES MORIGAON ASSAM PIN- 782105 5:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER LAHORIGHAT PRIMARY HEALTH CENTRE MORIGAON ASSAM PIN- 782127 Page No.# 2/4 6:THE MISSION DIRECTOR NATIONAL HEALTH MISSION (NHM) ASSAM SAIKIA COMMERCIAL COMPLEX SRINAGAR PATH G.S. ROAD GUWAHATI-781005. 7:THE DISTRICT PROGRAMME MANAGER NATIONAL HEALTH MISSION MORIGAON OFFICE OF THE JOINT DIRECTOR OF HEALTH SERVICES MORIGAON ASSAM PIN-782105 Advocate for the Petitioner : M ALAMGEER, MR. A H M R CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, NHM BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 19.03.2025 Heard Mr. AHMR Choudhury, learned counsel for the petitioner. 2. Challenge made in this writ petition is to the action of the respondent authorities in not allowing the petitioner to resume her duties as ASHA worker. 3. The case of the petitioner is that she was appointed as Accredited Social Health Activist (ASHA) vide order dated 20.11.2016 w.e.f. 01.12.2006 and was posted at Bhurband Primary Health Centre in the district of Morigaon. Page No.# 3/4 Thereafter, the petitioner was posted at Lahorighat Primary Health Centre. While serving at Lahorighat Primary Health Centre, an FIR was lodged against the petitioner, which was registered as Lahorighat P.S. Case No.623/2021, under Section 312/314/336/419/302 IPC read with Section 5(2)/5(3)/5(4) of Medical Termination of Pregnancy Act, 1971. Pursuant thereto, the petitioner was arrested on 19.10.2021 and released on bail on 10.12.2021. 4. It is contended that after released from the jail, the petitioner resume her duty but she was not allowed to join. The petitioner having no alternative, approached the authorities and filed representation particularly before the Deputy Commissioner, Morigaon. The application of the petitioner was forwarded to the Joint Director of Health Services, Morigaon by the Additional Deputy Commissioner, (Health), Morigaon on 06.03.2023. Having not being considered, the petitioner approached the Sub-Division Medical & Health Officer, Lahorighat P.H.C, Morigaon, for allowing her to join her duty and for releasing of the monthly honorarium. However, the same has not been considered as on date. 5. Mr. AHMR Choudhury, learned counsel for the petitioner submits that the simple prayer of the petitioner is for a direction to consider her representation filed before the respondent nos.6 and 7 and allow her to continue as ASHA worker and pay the entitled honorarium. 6. Ms. S. Sharma, learned Standing Counsel for the Health Department and Ms. A. Das, learned Standing Counsel, NHRM for the respondent nos.6 and 7, while not objected to the prayer for a direction to dispose of the representation submitted that the petitioner has not filed the representation before the appropriate/competent authority, as the petitioner has filed her representation before the Deputy Commissioner, Morigaon and the Sub-Division Medical & Page No.# 4/4 Health Officer, Lahorighat P.H.C, Morigaon, whereas, the competent authority to consider the case of the petitioner is respondent nos.6 and 7 i.e. The Mission Director, National Health Mission(NHM) Assam. 7. Having considered the submissions of the learned counsel for the parties, I am of the view that the writ petition can be disposed of with a direction to the petitioner to approach the appropriate authority namely, the Mission Director, National Health Mission (NHM) Assam, respondent nos.6 herein, as the petitioner appears to have not approached the appropriate authority. Accordingly, the petitioner is directed to file her representation before the Mission Director, National Health Mission (NHM) Assam, i.e. respondent nos.6, by placing her grievance within a period of one month from today. 8. On receipt of the representation that may be filed as directed herein above, the Mission Director, National Health Mission (NHM) Assam shall consider and dispose of the representation within a period of two months from the date of receipt of the representation. 9. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant