Disposed

Jujushman Baruah v. the State of Assam and 5 Ors.

Gauhati HC7 Sept 2025WP(C)/5082/2025

Case brief

AI extract

What is this about?

Petitioner, a Multi-Purpose Worker, filed a writ petition seeking permission to remain at a temporarily assigned medical center citing family health issues. The court closed the petition without adjudicating merits, leaving it to the respondent authorities to consider a representation.

What did the court decide?

Order closed the writ petition and directed the petitioner to submit a representation regarding difficulties to the Director of Health Services within 10 days.

Jujushman Baruah Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2025)

Page No.# 1/5

GAHC010184352025

2025:GAU-AS:12192

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WP(C)/5082/2025

¶6

JUJUSHMAN BARUAH

¶7

S/O LATE KHAGENDRA NATH BARUAH, R/O HOUSE NO. 24, BELTOLA COLLEGE ROAD, BONGAON, MAZHIPARA, P.S.- BASISTHA, BELTOLA, DIST- KAMRUP (M), GUWAHATI-781028, ASSAM

¶8

VERSUS

¶9

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, F BLOCK, 1ST FLOOR, ASSAM SECRETARIAT, DISPUR781006

¶10

2:THE JOINT SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT D BLOCK GROUND FLOOR ASSAM SECRETARIAT DISPUR-781006

¶11

3:THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GUWAHATI-781036

¶12

4:THE JOINT DIRECTOR OF HEALTH SERVICES SRIBHUMI DIST- SRIBHUMI ASSAM PIN-788710

¶13

5:THE JOINT DIRECTOR OF HEALTH SERVICES

¶14

Page No.# 2/5

¶15

KAMRUP (M) SATPUKHURI UZANBAZAR DIST- KAMRUP (M) GUWAHATI-781001 ASSAM

¶16

6:THE SUB-DIVISIONAL MEDICAL AND HEALTH OFFICER KACHUADAM SRIBHUMI DIST- SRIBHUMI PIN-788806 ASSA

¶17

Advocate for the Petitioner : MR D S DEKA, P DAS

¶18

Advocate for the Respondent : SC, HEALTH AND F W,

¶19

BEFORE

¶20

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶21

ORDER

¶22

Date : 08-09-2025

¶23

Heard Mr. D.S. Deka, learned counsel for the petitioner and Mr. B. Gogoi, learned Additional Advocate General, Assam for the State respondents.

¶24

The petitioner was appointed as a Multi-Purpose Worker [MPW] by an Appointment Order dated 14.12.2012. After being so appointed, the petitioner was posted at Sub-Centre – Shiberchak, Block PHC – Kachuadam, District – Karimganj.

¶25

The petitioner joined in the said post on 21.12.2012. Vide a Release Order dated 21.12.2022 by the Office of the Sub-Divisional Medical and Health Officer, Kachuadam BPHC in pursuance of another Order dated 14.12.2022 issued by the Joint Director of Health Services, Karimganj, the petitioner was released

¶26

Page No.# 3/5

¶27

from duty from Kachuadam BPHC on 21.12.2022. The petitioner was directed to join as a Multi-Purpose Worker [MPW] at Maizbagargool, Sub-Centre – Nilambazar BPHC where he joined on 21.12.2022. At the request of the petitioner when he projected about the ailing health of his mother and advanced age of his father, the Directorate of Health Services, Government of Assam passed an Order on 04.07.2023 whereby the petitioner was allowed to work temporarily at Ganeshnagar Sub-Centre under Capital Zone Block PHC under the Joint Director of Health Services, Kamrup [M] on medical ground until further orders. Accordingly, the petitioner started discharging his duties from Ganeshnagar Sub-Centre on and from 15.07.2023.

¶28

The State Government in the General Administrative Department on 19.01.2025 by its Communication of even date, addressed to the Senior-Most Secretaries of all departments had intimated about withdrawal of attachment of Grade-III and Grade-IV employees in view of implementation of Mutual Transfer Policy. As an outcome of the withdrawal of attachment of Grade-III and GradeIV employees in view of implementation of the Mutual Transfer Policy, the petitioner’s attachment at Ganeshnagar Sub-Centre came to an end as by an Order dated 27.01.2025, the Director of Health Services, Assam directed release of all Grade-III and Grade-IV employees who had been attached in their respective establishments.

¶29

As a result, the petitioner is required to report at his substantive post of posting as a Multi-Purpose Worker [MPW] at Maizbagargool, Sub-Centre – Nilambazar BPHC, District – Sribhumi [earlier, Karimganj].

¶30

Highlighting his grievances that the petitioner had lost his father in the meantime and his mother is an aged and ailing lady requiring constant medical

¶31

Page No.# 4/5

¶32

treatment, the petitioner has approached this Court by the instant writ petition stating that he may be allowed either to remain at Ganeshnagar Sub-Centre or any other place in the vicinity. The petitioner has stated that he has submitted a nos. of representations in this connection before the respondent authorities but the representations have not received any response from the respondent authorities.

¶33

Mr. Gogoi, learned Additional Advocate General, Assam has submitted that the petitioner has an alternative remedy to avail benefits under the Mutual Transfer Policy. But, the petitioner cannot remain at his earlier place of posting in view of withdrawal of attachment in view of the policy adopted by the Government for attachment of Grade-III and Grade-IV employees. He has further submitted that the petitioner after his release has not reported to his place of posting till date.

¶34

Mr. Deka, learned counsel for the petitioner has submitted the writ petition can be closed at this stage allowing the petitioner to submit a fresh representation highlighting the difficulties the petitioner is likely to face if he is required to report at his place of posting at Maizbagargool.

¶35

Mr. Gogoi has submitted that the petitioner may file such a representation. Ordinarily, such a representation should be submitted by the petitioner only after reporting at his place of posting.

¶36

Having regard to the projections made by the learned counsel for the petitioner and taking note of the submissions made by the learned counsel for the official respondents, this Court is of the view while closing the writ petition at this stage, the petitioner may submit a representation before the Director of

¶37

Page No.# 5/5

¶38

Health Services [the respondent no. 3] within a period of 10 days from today highlighting his difficulties. On submission of such a representation within such time, the respondent no. 3 shall consider such representation taking into account the difficulties highlighted by the petitioner and the extant policy of the State Government within a period of 10 days from the date of receipt of such representation. It is ordered accordingly. It is, however, made clear that this Court has not made any observation regarding the merits of the claim of the petitioner and the respondent no. 3 shall consider the representation on its own merits.

¶39

This writ petition is accordingly disposed of. No cost.

¶40

JUDGE

¶41

Comparing Assistant

Jujushman Baruah v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Jujushman Baruah v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Bedanta Medhi Vs the State of Assam and 3 Ors.

Arif Ali Vs the State of Assam and 3 Ors.

Renu Kalita Vs Union of India and 6 Ors.

Kabin Bora Vs the State of Assam and 5 Ors.

Jay Ram Yadav Vs Padmakar S Ranipse, IPS

Firoz Samim Ahmed Vs the State of Assam and Othrs