Page No.# 1/4 GAHC010155962025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3984/2025 BHASKARJYOTI KALITA S/O- LATE BINOD CHANDRA KALITA, R/O- MALIKUCHI , DIGHALI, WARD NO-17, BYELANE NO-2, P.O- BOR- DIGHALI, DIST- NALBARI , ASSAM, PIN-781334 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT ASSAM SACHIVALAYA, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR OF HEALTH ASSAM HENGRABARI GUWAHATI-36 3:THE JOINT DIRECTOR OF HEALTH SERVICES NALBARI ASSAM PIN-781335 4:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER KAMARKUCHI BLOCK PRIMARY HEALTH CENTRE KAMARKUCHI NALBARI ASSAM PIN-78134 Advocate for the Petitioner : MR. K KALITA, MR K KASHYAB,MR. B BORAH,MR. K KALITA,MR. I H SAIKIA Page No.# 2/4 Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.07.2025 Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned Standing Counsel, Health. This writ petition has been filed by the petitioner who is serving as a Multi Purpose worker and was posted in Simonabasti BPHC, Nagaon. By order dated 01.02.2025, the Joint Director of Health Services, Nalbari released all the persons who are attached from different health institutions in the State and working in the Nalbari District. The name of the petitioner appears at Sl. No. 71. He was released from Niz Batahghila S/C under Kamarkuchi BPHC and he was required to go and join at 2 No. Sariabari SC under Simonabasti BPHC, Nagaon at his original place of posting. It is submitted that his spouse is employed under the Education Department and is also posted in Nalbari. His spouse had preferred a representation before the appropriate authority on behalf of the petitioner’s husband. The learned counsel for the petitioner refers to the OM dated 21.05.1987 to submit that where one spouse belongs to one state service and the other spouse belong to another state service, the spouse with the longer service at a station may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station of the other spouse, and if there is no post in that station Page No.# 3/4 then to the nearest station where a post may be available. The State counsel on instructions submits that in order to apply the Clause (ii) of the said OM dated 21.05.1987, the health department is yet to receive the full details of the station wise, length of services of both the petitioner and his spouse and since these facts are not available before the health department, no specific order can be passed under the said OM. It is the submission of the state counsel that the petitioner also did not file any representation with reference to the OM dated 21.05.1987. In view of the submissions made by the State counsel, the learned counsel for the petitioner craves leave of the Court to file a detailed representation before the Commissioner and Secretary, Health and Family Welfare, Government of Assam and pray for modification of the order in terms of the OM dated 21.05.1987 and the case of the petitioner thereafter may be considered by the respondent authority in terms of the said OM. In view of the submissions made by the learned counsel for the petitioner and not objected to by the learned counsel for the respondents, the writ petition stands closed with liberty to the petitioner to file detailed representation giving factual particulars with regard to the length of service of the petitioner as well as his spouse so that the authorities may take note of these facts and pass appropriate orders in terms of the guidelines issued under the OM dated 21.05.1987. If the petitioner files such an representation within two weeks from today, the respondent authority will consider his case within a further period of four weeks from Page No.# 4/4 the date of such representation is filed. With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant