RIJUMONI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) In assailment is the order dated 14.12.2009 passed by the Joint Director of Health Services cum Member Secretary, Directorate of Health Services, Dhubri, refusing to renew the contract whereunder the Petitioner had been appointed as the Block Accounts Manager under the National Rural Health Mission (hereafter referred to as the Mission) and posted in that capacity at Halakura Primary Health Centre.

(2.) I have heard Mr. A.K. Goswami, Senior Advocate assisted by Mr. S.K. Roy, Advocate for the Petitioner and Mr. D. Saikia, learned Standing Counsel, Health and Family Welfare Department, Government of Assam, for the official Respondents. The Respondent No. 5, Shri Nirmal Chandra Hazarika, Block Accounts Manager, Halakura PHC, was impleaded vide order dated 20.5.2010 of this Court and the Petitioner was permitted to take steps for causing personal service on him at his recorded address. By an affidavit filed on 2.6.2010, the Petitioner has stated on oath that the notice of the instant proceeding when offered to the Respondent No. 5, he refused to accept the same. This statement has been affirmed on oath by the Petitioner as true to his knowledge. There being visibly no material to the contrary to disbelieve the correctness thereof, the service of notice on this Respondent is accepted.

(3.) The Petitioner's pleaded case in short is that pursuant to a selection held he was appointed as Block Accounts Manager (for short hereafter referred to as the BAM) on contractual basis initially for a period of six months vide order dated 5.6.2007 of the Joint Director of Health Services cum Member Secretary, DHS Dhubri. Pursuant to the said appointment, an agreement was executed by and between him and the appointing authority and the appendix thereof outlined interalia his job responsibilities in the aforementioned capacity. According to the Petitioner, he rendered unblemished services to the best of his capability and on the expiry of his initial period of six months, the same was extended from time to time though no specific order to that effect was passed. In the year 2009, the performance of the BA Ms and the Block Programme Managers (for short hereafter referred to as BPM) were sought to be assessed by a performance appraisal committee for the District of Dhubri. Such appraisal committees were also constituted for the other districts of the State. Pursuant to the letter issued by the Joint Director of Health Services cum Member Secretary, DHS Dhubri, the Petitioner presented himself before the jurisdictional District Level Appraisal Committee along with relevant supporting records and also offered a presentation of 15 minutes duration and performed appreciably well in the deliberations. According to the Petitioner, he was also Graded "A" by the SDM and HO of Halakura PHC on his performance appraisal report. While the matter rested at that, by the impugned communication, he was intimated that the term of his services had not been further renewed on account of his unsatisfactory perfomance even to the minimum levels as construed by the appraisal committee.