Page No.# 1/5 GAHC010024132025 2025:GAU-AS:1312 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/667/2025 ARUP KUMAR GOSWAMI SON OF LATE KAMALA KANTA GOSWAMI, VILLAGE-HALADHIBARI, P.O, AND P,S. SARTHEBARI, DISTRICT-BARPETA, PIN 787307, ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT, OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF HEALTH SERVICES HENGRABARI GUWAHATI-36 ASSAM 3:THE JOINT DIRECTOR OF HEALTH SERVICES BARPETA PIN-781301 ASSAM 4:THE CHINADI SUB CENTRE CHENGA BPHC BARPETA PIN-781305 ASSAM. 5:THE JOINT DIRECTOR OF HEALTH SERVICES KARIMGANJ PIN-788166 ASSAM 6:THE CHENNIGHAT SUB CENTRE Page No.# 2/5 R K NAGAR BLOCK PHC KARIMGANJ DISTRICT PIN 788166 ASSAM 7:THE COMMISSIONER FOR PERSONS WITH DISABILITIES ASSAM BASISTHA GUWAHATI 29 ASSAM 8:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER CHENGA BLOCK PRIMARY HEALTH CENTRE P.O- CHENGA PIN- 781305 BARPETA ASSA Advocate for the Petitioner : MS SAMIN AKTARA KHALIFA, MRS. K DEVI,MR. A DEKA Advocate for the Respondent : SC, HEALTH, BEFORE HON’BLE MR. JUSTICE NELSON SAILO 10.02.2025 Heard Mr. A. Deka, learned counsel for the petitioner and Mr. B.P. Borah, learned Standing Counsel for the Health Department, Govt. of Assam. 2. Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage. 3. The petitioner is aggrieved with the order dated 30.01.2025 (Annexure- 8) by which he has been released from the post where he is attached in Chinadi Page No.# 3/5 Sub-Center, Chenga BPHC under the Joint Director of Health Services, Barpeta District and transferred back to his original establishment under the Joint Director of Health Services, Karimganj District. The said order has been issued in terms of the order passed by the Director of Health Services, Govt. of Assam on 27.01.2025. In the said order, there is mention about the letter from the Government in the General Administration Department dated 19.01.2025. 4. Mr. B.P. Borah, learned Standing Counsel for the Health Department today has produced the communication dated 19.01.2025 which states that in view of the new policy announced regarding transfer on mutual consent by the parties concerned, the Government has taken a decision to withdraw the attachment of all the Grade-III and Grade-IV employees. The learned Standing Counsel therefore, submits that in view of the mutual transfer policy, the petitioner has been asked to come back to his original place of posting. 5. Mr. A. Deka, learned counsel for the petitioner on the other hand submits that the petitioner is a physically disabled person and in view of his condition, he has been attached to the office of the Joint Director of Health Services, Barpeta vide order dated 25.10.2018 but he was released on 08.07.2019. The petitioner again was attached to the Chinadi Sub-Center under Chenga BPHC under the Joint Director of Health Services, Barpeta vide order dated Page No.# 4/5 06.01.2021, wherein it was clearly stated that such attachment was done in view of Post Polio Flaccid Palsy of the petitioner, resulting into 50% disability. However, in view of the order dated 27.01.2025, wherein the communication of the Government in the General Administration Department dated 19.01.2025 was mentioned, the petitioner has been released from his attachment in Barpeta, requiring him to join back in Karimganj. 6. The learned counsel submits that apart from the disability of the petitioner, his wife is currently seven months’ pregnant and at the same time, he has to look after his old aged mother along with his child and therefore, he needs to stay in Barpeta. The petitioner with a request for being retained in Barpeta had submitted his representation before the Director of Health Services, Govt. of Assam on 03.02.2025 but the same has not been considered till date. Having no alternative, the petitioner has filed the instant writ petition. 7. Taking into account what the petitioner has stated in his representation and the same admittedly being pending as on today, this Court is of the considered view that the same should be considered by the respondent authority concerned (respondent No.2). 8. Accordingly, the writ petition is disposed of with direction to the Director of Health Services, Govt. of Assam (respondent No.2) to consider the grievance Page No.# 5/5 of the petitioner as reflected in his representation dated 03.02.2025 (Annexure- 11) and thereafter take appropriate decision in the matter within a period of two (2) weeks from the date of receipt of a certified copy of this order. 9. Till such decision is taken, the impugned order dated 30.01.2025 (Annexure-8), so far as the petitioner is concerned shall not be given effect to. JUDGE Comparing Assistant