Page No.# 1/4 GAHC010020522025 2025:GAU-AS:1426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/669/2025 HIFJUR RAHMAN S/O- ISMAIL ALI, VILL- BAKRIHAWAR PT-VIII, P.O.- KALINAGAR, DIST.- HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, DEPARTMENT OF HEALTH SERVICES AND FAMILY WELFARE, GUWAHATI, ASSAM, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-36. 3:THE JOINT DIRECTOR OF HEALTH SERVICES CACHAR SILCHAR PIN- 788001. 4:THE JOINT DIRECTOR OF HEALTH SERVICES NAGAON PIN- 782001 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, HEALTH, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 12.02.2025 1. Heard Mr.M.Khan, learned counsel for the petitioner and Mr. D.P.Borah, learned Standing Counsel for the respondent Health Department. 2. Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at the motion stage as agreed to by the parties. 3. It is the case of the petitioner that he was working as Surveillance Inspector on being promoted as such on 29.09.2023. The petitioner was working as such at Lanka BPHC under the Joint Director of Health Services, Nagaon and was allowed to work on attachment under the disposal of the Joint Director of Health Services, Cachar district until further orders vide order dated 04.11.2023. 4. However, since the State Government in view of having a new policy on transfer and posting has recalled all such posting done on attachment and therefore, the petitioner has also been sent back to Nagaon. The petitioner having come to learn that there are as many as three vacancies, where he can be posted in Cachar district, submitted his representation before the Director of Health Services, Government of Assam (respondent No.2) on 16.12.2024, wherein he has stated that due to certain difficulties faced within the family, he may be considered for transfer to FF Salchapra Sector under Barkhola BPHC, Cachar district in the same capacity. However, as the said representation has not been considered, the petitioner is before this Court. 5. Mr. M.Khan, learned counsel for the petitioner submits that although the State Government may have recalled the attachment of government employees in view Page No.# 3/4 of the new policy for transfer, but as there are three vacancies available as can be seen from the communication made by the Chief Medical & Health Officer (CD), Cachar, Silchar to the Director of Health Services on 11.11.2024 (Annexure-13) i.e. one vacancy in Lakhipur BPCH, two vacancies under the Borkhola BPHC, the respondent authorities may be directed to consider the representation submitted by the petitioner in view of such vacancies and in view of the family problem faced by the petitioner. 6. Mr. D.P. Borah, learned Standing Counsel submits that in view of the pending representation submitted by the petitioner, the respondents may be directed to consider the petitioner’s representation. It is also brought to notice of this Court at this stage that the State Government vide Office Memorandum dated 05.11.2024 has made mandatory for seeking the approval of State Government in the Health and Family Welfare Department for making any transfer and posting of Grade-III and Grade-IV employees under the Directorate of Health Services. 7. Having considered the materials available on record and after hearing the parties, the writ petition is disposed of with a direction to the Director of Health Service (respondent No.2) to consider the representation submitted by the petitioner on 16.12.2024 by taking into account the three vacancies available as mentioned herein above. The same be disposed of by way of a speaking order within a period of 04(four) months from the date of receipt of a certified copy of this order. It is needless to mention herein that if the respondent No.2 makes a recommendation in favour of the petitioner, the respondent No. 1 shall look into the matter and dispose of the same within a period of 03(three) weeks thereafter. 8. The writ petition is accordingly disposed of. JUDGE Page No.# 4/4 Comparing Assistant