Page No.# 1/5 GAHC010020372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/692/2025 SANGITA KALITA W/O- SRI NABAJIT BARMAN, VILL.- MARIPUR, ANANDAPUR, P.O. NITYANANDA, P.S. PATACHARKUCHI, DIST. BAJALI, ASSAM, PIN- 781329. VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF HEALTH AND FAMILY WELFARE, DISPUR, GUWAHATI-06, DIST.- KAMRUP METRO, ASSAM 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION ASSAM SAIKIA COMMERCIAL COMPLEX G.S. ROAD CHRISTIANBASTI GUWAHATI-05 DIST.- KAMRUP METRO ASSAM 3:THE JOINT DIRECTOR OF HEALTH SERVICES MUSHALPUR DIST. BAKSA BTAD ASSAM PIPN- 781372. 4:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER (S.D.M. AND H.O.) BARAMA B.P.H.C. Page No.# 2/5 BARAMA DIST. BAKSA BTAD ASSAM PIN- 781346 Advocate for the Petitioner : MR. S BARMAN, Advocate for the Respondent : SC, HEALTH, SC, BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.06.2025 Heard Mr. S. Barman, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned Standing Counsel for the BTC and Mr. B. Gogoi, learned Additional Advocate General for the Health Department. The petitioner is presently serving as an Auxiliary Nurse Midwife (ANM) under the National Health Mission, Assam, and is working under the administrative control of the District Health Society, Baksa. She was appointed to the said post by an order dated 04.03.2017, and pursuant to her appointment, she joined her duties on 10.03.2017 at Singimari Sub-Centre (S.C.), Bongaigaon, which falls under the jurisdiction of the Office of the Joint Director of Health Services-cum-Member Secretary, District Health Society, Bongaigaon. The petitioner respectfully submits that the case projected before this Hon’ble Court arises from certain circumstances relating to her absence from duty for a period of 3 (three) days. Owing to health issues, the petitioner was compelled to take leave, and in support thereof, the learned counsel for the petitioner refers to a medical treatment document, namely the patient advice Page No.# 3/5 slip enclosed with the writ petition, which clearly indicates that the petitioner was advised bed rest for 5 (five) days by a qualified medical practitioner due to the medical condition she was suffering from. The said medical advice and the petitioner’s condition were duly intimated to the Office of the Joint Director of Health Services. Despite this, the petitioner was served with a show cause notice dated 11.12.2024, to which she submitted a detailed reply explaining the reasons for her absence. However, without properly considering the genuine grounds and explanations submitted by the petitioner, an order dated 19.12.2024 was issued, whereby she was attached as ANM at Jabrangpar Sub- Centre under Nizkaurbaha BPHC, Tamulpur district with immediate effect. In compliance with the said order, the petitioner was accordingly released from Thaikarkuchi Health and Wellness Centre (HWC) under Barama BPHC, Baksa, and directed to report to her new place of posting. The petitioner thereafter submitted a representation before the concerned authorities seeking reconsideration of the order of attachment, but no action has been taken on her representation till date. Furthermore, the local residents of Thaikarkuchi Health and Wellness Centre also submitted a representation to the Joint Director of Health Services, Baksa, requesting the withdrawal of the attachment order, citing the petitioner’s dedicated and effective service to the local community. In view of the above facts and the inaction on the part of the respondent authorities, the petitioner is constrained to approach this Hon’ble Court by filing the present writ petition seeking appropriate relief. The respondent No. 3 has filed an affidavit-in-opposition contesting the claims made by the petitioner. Subsequently, an additional affidavit has also been filed by the Office of the Joint Director of Health Services, Mushalpur, Baksa. In the said affidavit, it has been clearly averred in paragraph 3 that the Page No.# 4/5 petitioner is an employee under the National Health Mission (NHM), which is administered by the Government of Assam. It is further stated that the National Health Mission has not yet been handed over or transferred to the Bodoland Territorial Council (BTC) administration as on date. Accordingly, it is submitted that the Managing Director, National Health Mission, Government of Assam, is the competent authority in all matters relating to the administration and service conditions of NHM employees, and that the BTC authorities have no role or jurisdiction in such matters. The learned Standing Counsel for the BTC also submits that the National Health Mission (NHM) is not a transferred subject under the administrative jurisdiction of the BTC. Under such circumstances, this Court is of the considered view that, in light of the affidavit filed by the Office of the Joint Director of Health Services, Baksa, wherein it has been clearly stated that the Mission Director, National Health Mission (NHM), is the competent authority—as the NHM is not a transferred subject under the administrative control of the Bodoland Territorial Council (BTC)—and in the absence of any dispute regarding the petitioner’s status as an Auxiliary Nurse Midwife (ANM) under the NHM, no justification or explanation has been provided as to how the impugned attachment order came to be issued by the Joint Director. This is particularly relevant in view of the specific averments made in paragraph 3 of the affidavit-in-opposition filed on 25.04.2025. Accordingly, this Court holds that the impugned attachment order was passed by an authority not competent to do so. The said averments in the affidavit have not been withdrawn or contradicted. In view of such clear and unambiguous statements made on record, this Court is of the view that the impugned order is unsustainable in law and is liable to be set aside. The Page No.# 5/5 impugned order is therefore set aside. The communication dated 19.01.2025, issued by the Commissioner and Secretary, General Administration Department, and addressed to all senior-most Secretaries of various departments, clearly conveys the decision of the Government at the highest level that all Grade III and Grade IV employees presently serving in an “attached” capacity in various district or sub-divisional offices are to be released, enabling them to return to their original place of posting. The averments made in paragraph 3 of the affidavit filed by the Office of the Joint Director of Health Services, Baksa, appear to have been made pursuant to such instructions issued by the General Administration Department in the said communication. Accordingly, the order dated 19.12.2024 is hereby interfered with and set aside. The observations and directions issued by this Court are confined to the facts and circumstances of the case at this stage, more particularly in view of the statements made in the affidavit filed by the respondent authorities. The writ petition stands allowed and accordingly disposed of. JUDGE Comparing Assistant