Page No.# 1/5 GAHC010078252025 2026:GAU-AS:3372 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2105/2025 RUPBHAN KHATUN W/O ABDUR RAHIM MONDAL VILL NIZ CHIRAKHOWA PO KALAPANI PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783135 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPTT DISPUR GUWAHATI 6 ASSAM 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION (NHM) SAIKIA COMMERCIAL COMPLEX SRI NAGAR PATH CHRISTIANBASTI GS ROAD GUWAHATI 5 3:THE JOINT DIRECTOR OF HEALTH SERVICES DHUBRI PO DHUBRI DIST DHUBRI ASSAM PIN 783301 4:THE JOINT DIRECTOR OF HEALTH SERVICES SOUTH SALMARA MANKACHAR PO HATSINGIMARI DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783135 5:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER GAZARIKANDI BLOCK PRIMARY HEALTH CENTRE BPHC PO RADHAMADHAB HAT DIST SOUTH SALMARA MANKACHAR ASSAM PIN 783131 6:THE COMMUNITY HEALTH OFFICER BENGERBHITA SUB CENTRE BENGERBHITA PO KALAPANI DIST SOUTH SALMARA MANKACHAR ASSAM PIN 78313 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : SC, HEALTH, SC, NHM Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 06/03/2026 Heard Mr. M R Khandakar, learned counsel for the petitioner and Ms. A Bora, learned Standing counsel, National Health Mission, appearing for the respondents. 2. The petitioner in the present proceeding has prayed for a direction upon the respondent authorities to release to her arrear remuneration, w.e.f. May, 2015, along with the current remunerations pursuant to her engagement as ASHA Worker, w.e.f. 15.05.2015. The petitioner has also prayed for a direction upon the respondent authorities to extend to her the requisite materials/facilities towards facilitating her to discharge her duties as an ASHA Worker. 3. Mr. Khandakar, learned counsel for the petitioner, at the outset has submitted that the petitioner would not press the prayer for being authorized arrear salaries, w.e.f. May, 2015 and accordingly, the said prayer would not be considered by this Court. He submits that the petitioner would restrict her prayer in the present petition to a direction upon the respondent authorities to extend to her the materials/facilities towards discharging her duties as an ASHA Worker. 4. The petitioner vide a communication dated 13.05.2015 issued by the Sub-Divisional Medical & Health Officer, Gazarikandi BPHC was engaged as an ASHA Worker and was allowed to work in such capacity at Niz Chirakhowa Village under Bengerbhita Sub-Centre, w.e.f. 15.05.2015. In terms of the prescriptions made in the said communication dated 13.05.2015, the petitioner convened a meeting on 28.07.2015 for constitution of a Village Health Sanitation Committee. Accordingly, in the said meeting, the said committee was constituted along with resolutions taken for opening a joint account in the name of the President of the Committee and the petitioner, herein, as the Secretary of the Committee. The petitioner projects that thereafter, she was continuing to discharge her duties. Page No.# 3/5 However, on not being provided with the requisite materials/facilities as mandated to be so provided to an ASHA Worker for discharging of her duties, the petitioner was left without any work to discharge. The petitioner has specifically contended that she was not provided with a vaccine carrier, vaccine cards, medicines etc. and accordingly, she was not in a position to discharge her duties. It is in the above background that the petitioner has instituted the present proceedings. 5. Mr. Khandakar, learned counsel for the petitioner submits that the petitioner not being extended with the requisite facilities, was not in a position to discharge her duties and accordingly, prays for a direction upon the respondent authorities to provide to the petitioner the requisite facilities as extended to the similarly situated ASHA Workers and thereafter, to permit the petitioner to discharge her duties in terms of her engagement so effected, vide communication dated 13.05.2015. 6. Ms. Bora, learned Standing counsel, National Health Mission has submitted that the petitioner at no point of time had approached the departmental authorities and/or the NHM authorities, raising a grievance that she was not being facilitated to discharge her duties as an Asha Worker. She submits that the petitioner was not found to have discharged any field duty after her engagement as an ASHA Worker. She submits that the petitioner, accordingly, would not be entitled to any remuneration. However, Ms. Bora, learned Standing counsel, National Health Mission submits that further submissions in this connection is not being made as the learned counsel for the petitioner is not pressing the prayer for release to the petitioner of her remunerations, w.e.f. May, 2015. Ms. Bora, learned Standing counsel, National Health Mission further submits that no material has been brought on record to show that the respondents had deliberately not furnished to the petitioner the requisite materials for discharging her duties as an ASHA Worker. She submits that the petitioner projects that she had approached the respondent authorities only in the month of March, 2023 and thereafter, in the month of February, 2025, raising grievances with regard to the provisions not being made for providing to her the Page No.# 4/5 requisite materials for discharge of her duties as an ASHA worker. She submits that the said representations are also not found in the records of the respondents and accordingly, the petitioner be put to strict proof thereof. 7. I have heard the learned counsels for the parties and also perused the materials available on record. 8. The learned counsel for the petitioner having not pressed the prayer of the petitioner for being released her remuneration, w.e.f. May, 2015, the said issue would not call for a consideration by this Court. The other prayers made in the present writ petition is for a direction upon the respondent authorities to provide to the petitioner the requisite implements, facilities, as provided to the similarly situated ASHA Workers and thereby, facilitate her to discharge her duties as an ASHA Worker. 9. This Court finds that the petitioner was engaged as an Asha Worker w.e.f. 15.05.2015. Thereafter, she had convened a meeting for constitution of a Village Health Sanitation Committee on 28.07.2015. From the materials brought on record by the petitioner in the present proceeding, it is not discernible that the petitioner had discharged any field duty after her such engagement made in May, 2015. The plea taken by the petitioner of being prevented from discharging her duties as an ASHA Worker due to non-issuance to her the requisite materials and/or making requisite provisions for discharging such duties by her attached to that of an ASHA Worker, was found to have been raised for the first time vide a representation dated 20.03.2023 before the Sub-Divisional Medical & Health Officer, Gazarikandi BPHC, Gazarikandi. However, the respondents have denied the receipt of such representation and/or the subsequent representations in the same lines preferred by the petitioner. 10. The petitioner admittedly having not been found to be discharging her duties as an ASHA Worker and it not being evident from the materials available on record that in place of the petitioner, there was any other person engaged for discharging the duties of an ASHA Worker in Niz Chirakhowa under Bengerbhita Sub-Centre, this Court directs the petitioner, herein, to submit a representation before the Joint Director of Health Services, South Page No.# 5/5 Salamara Mankachar, i.e., the respondent No. 4, herein, within a period of 15 (fifteen) days from today. The petitioner in her said representation shall pray for being issued with the requisite materials for discharging her duties as an ASHA Worker. 11. The respondent No. 4, on receipt of such representation, in the event, no alternative arrangement was made for discharge of the works of ASHA Worker in the village-Niz Chirakhowa under Bengerbhita Sub-Centre, shall consider the claims made by the petitioner and if the petitioner is found to be suitable for continued engagement as an ASHA Worker, issue necessary orders towards re-engaging the petitioner afresh, along with making provisions for issuance to the petitioner all requisite materials so as to facilitate her to discharge her duties as an Asha Worker in the said village. 12. In the event the petitioner is not found suitable for any justifiable ground, the respondent No. 4 shall inform the petitioner about the same by way of passing a speaking order. The said exercise be initiated and concluded within a period of 8 (eight) weeks from the date of receipt of a representation from the petitioner along with a certified copy of this order. 13. It is provided that the petitioner will not be entitled to any remuneration, w.e.f. 15.05.2015. Such remuneration would be so permissible to be extended to the petitioner only with effect from the date of her re-engagement if so effected, in pursuance to the directions passed, hereinabove. 14. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant